This Act shall apply to all judicial proceedings in or before any court
established in the Federal Republic of Nigeria but it shall not apply -

(a)

to proceedings before an arbitrator; or

(b)

to a field general court martial;

or

(c)

to judicial proceedings in any civil cause or mater in or before any
Sharia Court of Appeal, Customary Court of Appeal, Area Court or Customary
Court unless the President, Commander-in-Chief of the Armed Forces or the
Military Governor or Military Administrator of a State, by order published
in the Gazette, confers upon any or all Sharia Courts of Appeal, Customary
Courts of Appeal, Area Courts or Customary Courts in the Federal Capital
Territory, Abuja or a State, as the case may be power to enforce any or
all the provisions of this Act.

(3)In judicial proceedings in any criminal cause or matter in or before
an Area Court, the Court shall be guided by the provisions of this Act and
in accordance with the provisions of the Criminal Procedure Code Law.

(4)Notwithstanding any thing in this section, an Area Court shall, in
Judicial Proceedings in any criminal cause or matter, be bound by the
provisions of sections 138, 139, 140, 141, 142, and 143 of this Act.

2.

(1) In this Act,
except as the context otherwise requires -

"bank"
and "banker" means any person, persons, partnership or company
carrying on the business of bankers and also include any savings bank
established under the Federal Savings Bank Act, and also any banking
company incorporated under any charter heretofore or hereafter granted, or
under any Act heretofore or hereafter passed relating to such
incorporation;

"bankers
books" - the expressions relating to bankers' books include ledgers,
day books, cash books, account books and all other books used in the
ordinary business of a bank;

"custom"
is a rule which, in a particular district, has, for long usage, obtained
the force of law;

"document"
includes books, maps, plans, drawings, photographs and also includes any
matter expressed or described upon any substance by means of letters,
figures or marks or by more than one of these means, intended to be used
or which may be used for the purpose of recording that matter;

"fact"
includes -

(a)

any thing, state of things, or relation of things, capable of being
perceived by the senses;

(b)

any mental condition of which any person is conscious;

"fact
in issue" includes any fact from which either by itself or in
connection with other facts the existence, nonexistence, nature or extent
of any right, liability or disability asserted or denied in any suit or
proceeding necessarily follows;

"proceedings
includes arbitrations under the Arbitration and Conciliation Act, and
"court" shall be construed accordingly;

"statement"
includes any representation of fact, whether made in words or otherwise;

"wife"
and "husband" mean respectively the wife and husband of a
monogamous marriage.

(2)

A fact is said to be -

(a)

proved when, after considering the matters before it, the court either
believes it to exist or considers its existence so probable that a prudent
man ought, in the circumstances of the particular case, to act upon the
supposition that it does exist;

(b)

disproved" when, after considering the matters before it, the court
either believes that it does not exist or considers its non existence so
provinces of the particular case, to act upon the supposition that it does
not exist;

(c)

not proved when it is neither proved nor disproved.

(3)

In judicial proceedings in any criminal cause or matter in or before an Area
Court, the Court shall be guided by the provisions of this Act and in
accordance with the provisions of the Criminal procedure Code Law.

(4)

Notwithstanding anything in this section, an Area Court shall, in judicial
proceedings in any criminal cause or matter, be bound by the provisions of
sections 138,139,140,141,142 and 143 of this Act.

3.
One fact is said to be relevant to another when the one is connected with
the other in any of the ways referred to in the provisions of this Act
relating to the relevancy of facts.

4.

(1) Whenever it
is provided by this Act that the court may presume a fact, it may either
regard such fact as proved unless and until it is disproved, or may call for
proof of it.

(2)

Whenever it is directed by this Act that the court shall presume a fact, it
shall regard such fact as proved unless and until it is disproved.

(3)

When one fact is declared by this Act to be conclusive proof of another, the
court shall, on proof of the one fact, regard the other as proved, and shall
not allow evidence to be given for the purpose of disproving it.

5.
Nothing in this Act shall-

(a)

prejudice the admissibility of any evidence which would apart from the
provisions of this Act be admissible; or

(b)

enable documentary evidence to be given as to any declaration relating
to a matter of pedigree, if that declaration would not have been
admissible as evidence if this Act had not passed.

6.
Evidence may be given in any suit or proceeding of the existence or non
existence of every fact in issue and of such other facts as are hereinafter
declared to be relevant, and of no others:

Provided
that

(a)

the court may exclude evidence of facts which, though relevant or deemed
to be relevant to the issue, appears to it to be too remote to be
material in all the circumstances of the case; and

(b)

this section shall not enable any person to give
evidence of a fact which he is disentitled to prove by any provision of
the law for the time being in force.

7.
Facts, which though not in issue, are so connected with a fact in issue as
to form part of the same transaction, are relevant, whether they occurred at
the same time and place or at different times and places.

8.
Facts which are the occasion, cause or effect, immediate or otherwise, of
relevant facts or facts in issue, or which constitute the state of things
under which they happened, or which afforded an opportunity for their
occurrence or transaction, are relevant.

9.

(1) Any fact is
relevant which shows or constitutes a motive or preparation for any fact in
issue or relevant fact.

(2)

The conduct of any party, or of any agent to any party, to any
proceedings, in reference to such suit or proceeding, or in reference to
any fact in issue therein or relevant thereto, and the conduct of any
person an offence against whom is the subject of any proceeding, is
relevant, if such conduct influences or is influenced by any fact in issue
or relevant fact, and whether it was previous or subsequent thereto.

(3)

The word "conduct" in this section does
not include statements accompany and explain acts other than statements;
but this provision shall not affect the relevancy of statements under any
other section.

(4)

When the conduct of any person is relevant, any statement made to hi or in
his presence and hearing which affects such conduct is relevant.

10.
Facts necessary to explain or introduce a fact in issue or relevant fact, or
which support or rebut an inference suggested by a fact in issue or relevant
fact, or which establish the identity of any thing or person whose identity
is relevant, or fix the time or place at which any fact in issue or relevant
fact happened, or which show the relation of parties by whom any such fact
was transacted, are relevant in so far as they are necessary for that
purpose.

11.

(1) Where there
is reasonable ground to believe that two or more persons have conspired
together to commit an offence or actionable wrong anything said, done or
written by any one of such persons in execution or furtherance of their
common intention, after the time when such intention was first entertained
by any one of them, is a relevant fact as against each of the persons
believed to be so conspiring, as well for the purpose of proving the
existence of the conspiracy as for the purpose of showing that any such
person was a party to it; but statements made by individual conspirators as
to measures taken in the execution or furtherance of any such common
intention are not deemed to be relevant as such as against any conspirators,
except those by whom or in whose presence such statements are made.

(2)

Evidence of acts or statements deemed to be relevant under this section may
not be given until the court is satisfied that, apart from them, there are
prima facie grounds for believing in the existence of the conspiracy to
which they relate.

12.
Facts not otherwise relevant are relevant -

(a)

if they are inconsistent with any fact in issue or relevant fact;

(b)

if by themselves or in connection with other facts they make the
existence or non existence of any fact in issue or relevant fact
probable or improbable.

13.
In proceedings in which damages are claimed, any fact which will enable the
court to determine the amount of damages which ought to be awarded is
relevant.

14.

(1) A custom may
be adopted as part of the law governing a particular set of circumstances if
it can be noticed judicially or can be proved to exist by evidence; the
burden of proving a custom shall lie upon the person alleging its existence.

(2)

A custom may be judicially noticed by the court if it has been acted upon by
a court of superior or co-ordinate jurisdiction in the same area to an
extent which justifies the court asked to apply it in assuming that the
persons or the class of persons concerned in that area look upon the same as
binding in relation to circumstances similar to those under consideration.

(3)

Where a custom cannot be established as one judicially noticed it may be
established and adopted as part of the law governing particular
circumstances by calling evidence to show that persons or the class of
persons concerned in the particular area regard the alleged custom as
binding upon them:

Provided
that in case of any custom relied upon in any judicial proceeding it shall
not be enforced as law if it is contrary to public policy and is not in
accordance with natural justice, equity and good conscience.

15.
Every fact is deemed to be relevant which tends to show how in particular
instances a matter alleged to be a custom was understood and acted upon by
persons then interested.

16.

(1) Facts
showing the existence of any state of mind, such as intention, knowledge,
good faith, negligence, rashness, ill-will or goodwill towards any
particular person, or showing the existence of any state of body or bodily
feeling, are relevant when the existence of any such state of mind or body
or bodily feeling is in issue or relevant.

(2)

A fact relevant as showing the existence of a relevant state of mind must
show that the state of mind exists, not generally, but in reference to the
particular matter in question.

17.
When there is a question whether an act was accidental or intentional, or
done with a particular knowledge or intention, the fact that such act formed
part of a series of similar occurrences, in each of which the person doing
the act was concerned, is relevant.

18.
When there is a question whether a particular act was done, the existence of
any course of business, according to which it naturally would have been
done, is a relevant fact.

19.
An admission is a statement, oral or documentary, which suggest any
inference as to any fact in issue or relevant fact, and which is made by any
of the persons, and in the circumstances, hereinafter mentioned.

20.

(1) Statements
made by a party to the proceeding, or by an agent to any such party, whom
the court regards, in the circumstances of the case, as expressly or
impliedly authorised by him to make them, are admissions.

(2)

Statements made by parties to suits, suing or sued in a representative
character, are not admissions unless they were made while the party making
them held that character.

(3)

Statements made by -

(a)

persons who have any proprietary or pecuniary interest in the subject
matter of the proceedings, and who made the statement in their character
of persons so interested; or

(b)

persons from whom the parties to the suit have deprived their interest
in the subject matter of the suit, are admissions, if they are made
during the continuance of the interest of the persons making the
statements.

21.
Statements made by persons whose position or liability it is necessary to
prove as against any party to the suit are admissions if such statements
would be relevant as against such persons in relation to such position or
liability in a suit brought by or against them, and if they are made whilest
the person making them occupies such position or is subject to such
liability.

22.
Statements made by persons to whom a party to the suit has expressly
referred for information in reference to a matter in dispute are admissions.

23.
Admissions are relevant and may be proved as against the person who makes
them or his representative in interest, but they cannot be proved by or on
behalf of the person who makes them or by his representative in interest,
except in the following cases -

(a)

an admission may be proved by or on behalf of the person making it when
it is of such a nature that, if the person making it were dead, it would
be relevant as between third parties under section 33 of this Act;

(b)

an admission may be proved by or on behalf of the person making it, when
it consists of a statement of the existence of any state of mind or
body, relevant or in issue, made at or about the time when such sate of
mind or body existed, and is accompanied by conduct rendering its
falsehood improbable, and

(c)

an admission may be proved by or on behalf of the person making it, if
it is relevant otherwise than as an admission.

24.
Oral admissions as to the contents of a document are not relevant, unless
and until the party proposing to prove them shows that he is entitled to
give secondary evidence of the contents of such document under the provision
of Part V of this Act, or unless the genuineness of a document produced is
in question.

25.
In civil cases no admission is relevant, if it is made either upon an
express condition that evidence of it is not to be given, or in
circumstances from which the court can infer that the parties agreed
together that evidence of it should not be given:

Provided
that nothing in this section shall be taken to exempt any legal practitioner
from giving evidence of any matter of which he may be compelled to give
evidence under section 170 of this Act.

26.
Admissions are into conclusive proof of the matters admitted, but they may
operate as stoppers under the provisions of Part VIII of this Act.

(1) A confession
is an admission made at any time by a person charged with a crime, stating
or suggesting the inference that he committed that crime.

(2)

Confessions, if voluntary, are deemed to be relevant facts as against
the persons who make them only.

(3)

Where more persons than one are charged jointly with a criminal offence
and a confession made by one of such persons in the presence of one or
more of the other persons so charged is given in evidence, the court, or a
jury where the trial is one with a jury, shall not take such statement
into consideration as against any of such other persons in whose presence
it was made unless he adopted the said statement by words or conduct.

28.
A confession made by an accused person is irrelevant in a criminal proceeding,
if the making of the confession appears to the court to have been caused by
any inducement, threat or promise having reference to the charge against the
accused person, proceeding from a person in authority and sufficient, in the
opinion of the court, to give the accused person grounds which would appear to
him reasonable for supposing that by making it he would gain any advantage or
avoid any evil of a temporal nature.

29.
Where information is received from a person who is accused of an offence,
whether such person is in custody or not, and as a consequence of such
information any fact is discovered, the discovery of that fact, together with
evidence that such discovery was made in consequence of the information
received from the accused, may be given in evidence where such information
itself would not be admissible in evidence.

30.
If such a confession as is referred to in section 28 of this Act is made after
the impression caused by any such inducement, threat or promise has, in the
opinion of the court, been fully removed, it is relevant.

31.
If such a confession is otherwise relevant, it does not become irrelevant
merely because it was made under a promise of secrecy, or in consequence of a
deception practised on the accused person for the purpose of obtaining it, or
when he was drunk, or because it was made in answer to questions which he need
not have answered, whatever may have been the form of those questions, or
because he was not warned that he was not bound to make such statement and
that evidence of it might be given.

32.
Evidence amounting to a confession may be used as such against the person who
gives it, although it was given upon oath, and although the proceeding in
which it was given had reference to the same subject matter as the proceeding
in which it is to be proved, and although the witness might have refused to
answer the questions put to him; but if, after refusing to answer any such
question, the witness is improperly compelled to answer it, his answer is not
a voluntary confession.

(1) Statements,
written or verbal, or relevant facts made by a person who is dead are
themselves relevant facts in the following cases -

(a)

when the statement is made by a person as to the cause of his death, or as
to any of the circumstances of the transaction which resulted in his
death, in cases in which the cause of that person's death comes into
question; such statement are relevant only in trials for murder or
manslaughter of the deceased person and only when such person at the time
of making such declaration believed himself to be in danger of approaching
death although he may have entertained at the time of making it hopes of
recovery.

(b)

when the statement was made by such person in the ordinary course of
business, and in particular when it consists of any entry or memorandum
made by him in books kept in the ordinary course of business, or in the
discharge of professional duty; or of an acknowledgement written or signed
by him or the receipt of money, goods, securities or property of any kind;
or of a document used in commerce written or sighed by him, or of the date
of a letter or other document usually dated, written or signed by him;

(c)

when the statement is against the pecuniary or proprietary interest of the
person making it and the said person had peculiar means of knowing the
matter and had no interest to misrepresent it;

(d)

when the statement gives the opinion of any such person, as to the
existence of any public right or custom or matter of public or general
interest, of the existence of which, if it existed, he would have been
likely to be aware, and when such statement was made before any
controversy as to such right, custom or matter had arisen;

(e)

subject to the conditions hereinafter mentioned, when the statement
relates to the existence of any relationship by blood, marriage or
adoption between persons as to whose relationship by blood, marriage or
adoption the person making the statement had special means of knowledge.

(2)

The conditions above referred to are as follows-

(a)

such a statement is deemed to be relevant only in a case in which the
pedigree to which it relates is in issue, and not to a case in which it is
only relevant to the issue;

(b)

it must be made by a declaring shown to be related by blood to the person
to whom it relates, or by the husband or wife of such a person; except
that -

(i)

a declaration by a deceased parent that he or she did not marry the other
parent until after the birth of a child is relevant to the question of the
illegitimacy of such child upon any question arising as to the right of
the child to inherit real or personal property under the Legitimacy Act,
and

in
proceedings of the legitimacy of any person a declaration made by a
person who, if a decree of legitimacy were granted, would stand towards
the petitioner in any of the relationships mentioned in paragraph

(b)

of this subsection, is deemed relevant to the question of the identity of
the parents of the petitioner;

(c)

it must be made before the question in relation to which it is to be
proved had arisen, but it does not cease to be deemed to be relevant
because it was made for the purpose of preventing the question from
arising.

(3)

(a) the
declarations of a deceased testator as to his testamentary intentions, and
as to the contents of his will, are deemed to be relevant -

(i)

when his will has been lost, and when the is a question as to what were
its contents, or

(ii)

when the question is whether an existing will is genuine or was improperly
obtained, or

(iii)

when the question is whether any and which of more existing documents than
one constitute his will,

(b)

it is immaterial whether the declarations were made before or after the
making or loss of the will.

34.

(1) Evidence given
by a witness in a judicial proceeding or before any person authorised by law
to take it, is relevant for the purpose of proving, in a subsequent judicial
proceeding, or in a later stage of the same judicial proceeding, the truth of
the facts which it states, when the witness is dead or cannot be found, or is
incapable of giving evidence, or is kept out of the way by the adverse party,
or when his presence cannot be obtained without an amount of delay or expense
which, in the circumstances of the case, the court considers unreasonable:

Provided

(a)

that the proceeding was between the same parties or their representatives
in interest;

(b)

that the adverse party in the first proceeding had the right and
opportunity to cross examine; and

(c)

that the questions in issue were substantially the same in the first as in
the second proceeding.

(2)

A criminal trial or inquiry shall be deemed to be a proceeding between the
prosecutor and the accused within the meaning of this section.

(3)

In the case of a person employed in the public service of the Federation or of
a State who is required to give evidence for any purpose connected with a
judicial proceeding it shall be sufficient to account for his non attendance
at the hearing of the said judicial proceedings if there is produced to the
court, either a Federal Gazette, or a telegram or letter purporting to emanate
from the head of his department, sufficiently explaining to the satisfaction
of the court his apparent default.

35.
A statement in accordance with the provisions of sections 290 and 291 or
section 319 of the Criminal Procedure Act may afterwards be used in evidence
on the trial of any person accused of an offence to which the same relates, if
the person who made the statement be dead, or the court be satisfied that for
any sufficient cause his attendance cannot be procured, and if reasonable
notice of the intention to take such statement was served upon the person
against whom it is to be read in evidence and he had or might have had if he
had chosen to be present full opportunity of cross examining the person making
the same.

36.
Notwithstanding the provisions of this Act or of any other law but subject as
herein provided, where in the course of any criminal trial, the court is
satisfied that for any sufficient reason, the attendance of the investigating
police officer cannot be procured, the written and signed statement of such
officer may be admitted in evidence by the court if -

(a)

the defence does not object to the statement being admitted; and

(b)

the court consents to the admission of the statement.

37.
Any statement made by an accused person at a preliminary investigation or at a
coroner's inquest may be given in evidence.

38.
Entries in books of account, regularly kept in the course of business, are
relevant whenever they refer to a matter into which the court has to inquire,
but such statements shall not alone be sufficient evidence to charge any
person with liability.

39.
An entry in any public or other official book, register or record, stating a
fact in issue or relevant fact and made by a public servant in the discharge
of his official duty, or by any other person in performance of a duty
specially enjoined by the law of the country in which such book, register or
record is kept, is itself a relevant fact.

40.
Statements of facts in issue or relevant facts made in published maps or
charts generally offered for public sale, or in maps or plans made under the
authority of Government, as to mattes usually represented or stated in such
maps, charts or plans, are themselves relevant facts.

41.
When the court has to form an opinion as to the existence of any fact of a
public nature, any statement of it, made in a recital contained in any
enactment or in any proclamation or speech of the President in opening the
National Assembly or any legislation of the United Kingdom still applicable to
Nigeria or in any proclamation or speech, or in any statement made in a
Government or public notice appearing in the Federal Gazette or in a State
notice or a State public notice appearing in a State Gazette or in any printed
paper purporting to be the London Gazette or the Government Gazette of any
part of the Commonwealth is a relevant fact.

42.

(1)(a)
Either party to the proceedings in any criminal case may produce a certificate
signed by the Government Chemist, the Deputy Government Chemist an Assistant
Government Chemist, a Government pathologist or entomologist, or the
Accountant General or any other chemist so specified by the Government Chemist
of the Federation or of the State, any pathologist or entomologist specified
by the Director of Medical Laboratories of the Federation or of the State, or
any Accountant specified by the Accountant General of the Federation or of the
State (whether any such officer is by that or any other title in the service
of a state or of the Federal Government), and the production of any such
certificate may be taken as sufficient evidence of the facts stated therein:

Provided
that, notwithstanding the provisions herein contained, the court shall have
the power, on the application of either party or of its own motion, to direct
that any such officer shall be summoned to give evidence before the court if
it is of the opinion that, either for the purpose of cross examination or for
any other reason, the interests of justice so require.

(b)

Where a certificate purports to be signed by an officer of the Central
Bank of Nigeria who himself adds after his signature the words duly
authorised by the Governor of the Central Bank of Nigeria for the purposes
of section 42 of the Evidence Act; it shall be accepted by all courts and
persons as sufficient evidence of the facts stated in the certificate, and
no certificate shall be questioned on the ground only of the authorisation;
but subject thereto, the proviso to paragraph (a) of subsection (1) of
this section shall have effect with regard to any such certificate.

(2)

Notwithstanding the provisions of subsection (1) of this section, any
certificate issued and produced by any officer in charge of any laboratory
established by the appropriate authority may be taken as sufficient evidence
of facts stated therein:

Provided
that, notwithstanding the provisions herein contained, the court shall have
the power, on the application of either party or of its own motion, to direct
that any such officer shall be summoned to give e evidence before the court if
it is of the opinion that, either for the purpose of cross examination or for
any other reason, the interest of justice so requires.

(3)

In this section, unless the context otherwise requires -

appropriate
authority means the Inspector General of Police, the Director of Customs
and Excise or the minister of Health;

officer
means any officer in charge of any laboratory established pursuant to
this Act;

specified
means specified by notice as may be published in the Federal Gazette.

(4)

The President may by notice in the Federal Gazette declare that any person
named in such notice, being an officer in the public service of the Federation
employed in a forensic science laboratory in a rank not below that of Medical
Laboratory Technologist, shall for the purposes of subsection (1) be empowered
to sign a certificate relating to any subject specified in the notice, and
while such declaration remains in force the provisions of subsection (1) shall
apply in relation to such person as they apply in relation to an officer
mentioned in that subsection:

Provided
that a certificate signed by such person shall not be admissible in evidence
if, in the opinion of the court, it does not relate wholly or mainly to a
subject so specified as aforesaid.

43.
Where any such certificate is intended to be produced by either party to the
proceedings, a copy thereof shall be sent to the other party at least ten
clear days before the day appointed for the hearing and if it is not so sent
the court may, if it thinks fit, adjourn the hearing on such terms as may seem
proper.

44.
The court shall, in the absence of evidence to the contrary, presume that the
signature to any such certificate is genuine and that the person signing it
held the office, which he professed at the time when he signed it.

45.
Where the title to or interest in family or communal land is in issue, oral
evidence of family or communal tradition concerning such title or interest is
relevant.

46.
Acts of possession and enjoyment of land may be evidence of ownership or of a
right of occupancy not only of the particular piece or quantity of land with
reference to which such acts are done, but also of other land so situated or
connected therewith by locality or similarity that what is true as to the one
piece of land is likely to be true of the other piece of land.

47.

(1) Whenever any
person is being proceeded against for receiving any property, knowing it to
have been stolen, or for having in his possession stolen property, for the
purpose of proving guilty knowledge there may be given in evidence at any
stage of the proceedings -

(a)

the fact that other property stolen within the period of twelve months
preceding the date of the offence charged was found or had been in his
possession;

(b)

the fact that within the five years preceding the date of the offence
charged he was convicted of any offence involving fraud or dishonesty.

(2)

This last mentioned fact may not be proved unless -

(a)

seven days' notice in writing h has been given to the offender that proof of
such previous conviction is intended to be given; and

(b)

evidence has been given that the property in respect of which the offender
is being tried was found or had been in his possession.

48.
When any statement of which evidence is given forms part of a longer
statement, or of a conversation or part of an isolated document, or is
contained in a document which forms part of a book, or of a connected series
of letters or papers, evidence shall be given of so much and no more of the
statement, conversation, document, book, or series of letters or papers as the
court considers necessary in that particular case to the full understanding of
the nature and effect of the statement, and of the circumstances in which it
was made.

49.
The existence of any judgment, order or decree which by law prevents any court
from taking cognisance of a suit or holding a trial, is a relevant fact when the
question is whether such court ought to take cognisance of such suit or to hold
such trial.

50.

(1) A final
judgement, over or decree of a competent court, in the exercise of probate,
matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes
away from an person any legal character, or which declares any person to be
entitled to any such character, or to be entitled to any specific thing, not as
against any specified person but absolutely, is relevant when the existence of
any such legal character, or the title of any such persons to any such thing, is
relevant.

(2)

Such judgement, order or decree is conclusive proof -

(a)

that any legal character which it confers accrued at the time when such
judgment, order or decree came into operation;

(b)

that any legal character, to which it declares any such person to be
entitled, accrued to that person at the time when such judgement, order or
decree declares it to have accrued to that person;

(c)

that any legal character which it takes away from any such person ceased at
the time from which such judgment, order or decree declared that it had
ceased or should cease; and

(d)

that anything to which it declares any person to be so entitled was the
property of that person at the time from which such judgement, order or
decree declares that it had been or should be his property.

51.
Judgements orders or decrees other than those mentioned in section 50 of this
Act are relevant if they relate to matters of a public nature relevant to the
inquiry; but such judgments, orders or decrees are not conclusive proof of that
which they state.

52.
Judgements, orders or decrees, other than those mentioned in sections 49, 50 and
51 of this Act, are irrelevant, unless the existence of such judgement, order or
decree is a fact in issue, or is relevant under some other provision of this or
any other Act.

53.
Any party to a suit or other proceeding may show that any judgement, order or
decree which is relevant under section 49, 50 or 51 of this Act and which has
been proved by the adverse party, was delivered by a court without jurisdiction,
or was obtained by fraud or collusion.

54.
Every judgement is conclusive proof, as against parties and privies, of facts
directly in issue in the case, actually decided by the court, and appearing from
the judgement itself to be the ground on which it was based; unless evidence was
admitted in the action in which the judgement was delivered which is excluded in
the action in which that judgement is intended to be proved.

55.

(1) If a judgement
is not pleaded by way of estoppel it is as between parties and privies deemed to
be a relevant fact, whenever any matter, which was, or might have been, decided
in the action in which it was given, is in issue, or is or is deemed to be
relevant to the issue, in any subsequent proceeding.

(2)

Such a judgement is conclusive proof of the facts which if decides, or might
have decided, if the party who gives evidence of it had no opportunity of
pleading it as an estoppel.

56.
When any action is brought against any person for anything done by hi in a
judicial capacity, the judgement delivered, and the proceedings antecedent
thereto, are conclusive proof of the facts therein stated, whether they are or
are not necessary to give the defendant jurisdiction, if, assuming them to be
true, they show that he had jurisdiction.

(1) When the court
has to form an opinion upon a point of foreign law, native law or custom, or of
science or art, or as to identity of handwriting or finger impressions, the
opinions upon that point of persons specially skilled in such foreign law,
native law or custom, or science or art, or in questions as to identity of
handwriting or finger impressions, are relevant facts.

(2)

Such persons are called experts

58.

(1) Where there is a
question as to foreign law the opinions of experts who in their profession are
acquainted with such law are admissible evidence thereof, though such experts
may produce to e court books which they declared to be works of authority upon
the foreign law in question, which books the court, having received all
necessary explanations from the expert, may construe for itself.

(2)

Any question as to the effect of the evidence given with respect to foreign law
shall, instead of being submitted to the jury, in the case of trial with a jury,
be decided by the judge alone.

59.
In deciding questions of native law and custom the opinions of native chiefs or
other persons having special knowledge of native law and custom and any book or
manuscript recognised by natives as a legal authority are relevant.

60.
Facts, not otherwise relevant, are relevant if they support or are inconsistent
with the opinions of experts, when such opinions are relevant,.

61.

(1) When the court
has to form an opinion as to the person by whom any document was written or
signed, the opinion of any person acquainted with the handwriting of the person
by whom it is supposed to be written or signed that it was or was not written or
signed by that person, is a relevant fact.

(2)

A person is said to be acquainted with the handwriting of another person when he
has seen that person write, or when he has received documents purporting to be
written by that person in answer to documents written by himself or under his
authority and addressed to that person, or when in the ordinary course of
business, documents purporting to be written by that person have been habitually
submitted to him.

62.

(1) When the court
has to form an opinion as to the existence of any general custom or right, the
opinions, as to the existence of such custom or right, of persons who would be
likely to know of its existence if it existed are relevant.

(2)

The expression "general custom or right" includes customs or rights
common to any considerable class of persons.

63.
When the court has to form an opinion as to -

(a)

the usages and teens of any body of men or family; or

(b)

the constitution and government of any religious or charitable foundation;
or

(c)

the meaning of words or terms used in particular districts or by particular
classes of people,

the
opinions of persons having special means of knowledge thereon, are relevant
facts.

64.
When the court has to form an opinion as to the relationship of one person to
another, the opinion, expressed by conduct, as to the existence of such
relationship, of any person who, as a member of the family or otherwise, has
special means of knowledge on the subject, is a relevant fact:

Provided
that such opinion shall not be sufficient to prove a marriage in proceedings for
a divorce or in a petition for damages against an adulterer or in a prosecution
for bigamy.

65.
Whenever the opinion of any living person is relevant, the grounds on which such
opinion is based are also relevant.

66.
The fact that any person is of opinion that a fact in issue, or relevant to the
issue, does or does not exist is irrelevant to the existence of such fact except
as provided in sections 57 to 65 of this Act.

67.
In civil cases the fact that the character of any person concerned is such as to
render probable or improbable any conduct imputed to him is irrelevant, except
in so far as such character appears from facts otherwise relevant.

68.
In criminal proceedings the fact that the person accused is of a good character
is relevant.

69.

(1) Except as
provided in this section, the fact that an accused person is of bad character is
irrelevant in criminal proceedings.

(2)

The fact that an accused person is of bad character is relevant -

(a)

when the bad character of the accused person is a fact in issue;

(b)

when the accused person has given evidence of his good character.

(3)

An accused person may be asked questions to show that he is of bad character
in the circumstances mentioned in paragraph (d) of the proviso to section 160
of this Act.

(4)

Whenever evidence of bad character is relevant evidence of a previous conviction
is also relevant.

70.
In civil cases the fact that the character of any person is such as to affect
the amount of damages which he ought to receive, is relevant.

71.
In actions for libel and slander in which the defendant does not by his defence
assert the truth of the statement complained of, the defendant is not entitled
on the trial to give evidence in chief with a view to mitigation of damages, as
to the circumstances under which the libel or slander was published, or as to
the character of the plaintiff, without the leave of the judge unless seven days
at least before the trial he furnishes particulars to the plaintiff of the
mattes as to which he intends to give evidence.

72.
In sections 67 to 71 of this Act the word character means reputation as
distinguished from disposition, and except as previously mentioned in those
sections, evidence may be given only of general reputation, and not of
particular acts by which reputation or disposition is shown.

73.
No fact of which the court must take judicial notice need be proved.

74.

(1) The court shall
take judicial notice of the following facts -

(a)

all laws or enactments and any subsidiary legislation made thereunder having
the force of law now or heretofore or hereafter to be in force, in any part
of Nigeria:

(b)

all public Act passed or hereafter to be passed by the National Assembly and
all subsidiary legislation made thereunder and all local and personal Acts
directed by the National Assembly to be judicially noticed;

(c)

the course of proceeding of the National Assembly and of the Houses of
Assembly of the States of Nigeria;

(d)

the assumption of office of the President and of any seal used by the
President;

(e)

all seals of which English courts take judicial notice; the seals of all the
courts of Nigeria; the seals of notaries public, and all seals which any
person is authorised to use by any Act of the National Assembly or other
enactment having the force of law in Nigeria;

(f)

the existence, title and national flag of every State or Sovereign
recognised by Nigeria;

(g)

the divisions of time, the geographical divisions of the world, the public
festivals, fasts and holidays notified in the Federal Gazette or fixed by
Act;

(h)

the territories within the Commonwealth or under the dominion of the British
Crown;

(In)
the commencement, continuance and termination of hostilities between the
Federal Republic of Nigeria and any other State or body of persons;

(j)

the names of the members and officers of the court and of their deputies and
subordinate officers and assistants, and also of all officers acting in
execution of its process, and of all legal practitioners and other persons
authorised by law to appear or act before it;

(k)

the rule of the road on land or at sea;

(l)

all general customs, rules and principles which have been held to have the
force of law in or by any of the superior courts of law or equity in
England, the Supreme court of Nigeria or the Court of Appeal or by the High
Court of the State or of the Federal Capital Territory, Abuja or by the
Federal High Court and all customs which have been duly certified to and
recorded in any such court;

(m)

the course of proceeding and all rules of practice in force in the High
Court of Justice in England and in the High court of a State and of the
Federal Capital Territory, Abuja and in the Federal High Court.

(2)

In all cases in subsection (1) of this section and also on all mattes of public
history, literature, science or art, the court may resort for its aid to
appropriate books or documents of reference.

(3)

If the court is called upon by any person to take judicial notice of any fact,
it may refuse to do so unless and until such person produces any such book or
document as it may consider necessary to enable it to do so.

75.
No fact need be proved in any civil proceedings which the parties thereto or
their agents agree to admit at the hearing, or which, before the hearing, they
agree to admit by any writing under their hands, or which by any rule or
pleading in force at the time they are deemed to have admitted by their
pleadings:

Provided
that the court may, in its discretion, require the facts admitted to be proved
otherwise than by such admissions.

if it refers to a fact which could be seen, it must be the evidence of a
witness who says he saw that fact:

(b)

if it refers to a fact which could be heard, it must be the evidence of a
witness who says he heard that fact;

(c)

if it refers to a fact which could be perceived by any other sense or in
any other manner, it must be the evidence of a witness who says he
perceived that fact by that sense or in that manner;

(d)

if it refers to an opinion or to the grounds on which that opinion is
held, it must be the evidence of the person who holds that opinion on
those grounds:

Provided
that -

(i)
the opinions of experts expressed in any treatise commonly offered for
sale, and the grounds on which such opinions are held, may be proved
by the production of such treatise if the author is dead or cannot be
found, or has become incapable of giving evidence, or cannot be called
as a witness without an amount of delay or expense which the court
regards as unreasonable,

(ii)
If oral evidence refers to the existence or condition of any material
thing other than a document, the court may, if it thinks fit, require
the production of such material thing for its inspection, or may
inspect or may order or permit a jury to inspect any movable or
immovable property, the inspection of which may be material to the
proper determination of the question in dispute and in the case of
such inspection being ordered or permitted, the court shall either be
adjourned to the place where the subject matter of the said inspection
may be and the proceedings shall continue at that place until the
court further adjourns back to its original place of sitting or to
some other place of sitting, or the court shall attend and make an
inspection of the subject matter only, evidence, if any, of what
transpired there being given in court afterwards; in either case the
accused, if any, shall be present.

78.
A court may in any civil proceeding make an order at any state of such
proceeding directing that specified facts may be proved at the trial by
affidavit with or without the attendance of the deponent for cross
examination, notwithstanding that a party desire his attendance for cross
examination and that he can be produced for that purpose.

79.
Before an affidavit is used in the court for any purpose, the original shall
be filed in the court, and the original or an office copy shall alone be
recognised for any purpose in the court.

80.
Any affidavit sworn before any Judge, officer or other person in the
Commonwealth to take affidavits, may be used in the court in all cases where
affidavits are admissible.

81.
Any affidavit sworn in any foreign parts out of Nigeria or out of any part of
the Commonwealth before a Judge or magistrate, being authenticated by the
official seal of the court to which he is attached, or by a public notary, or
before a British minister or consul, may be used in the court in all cases
where affidavits are admissible.

82.
The fact that an affidavit purports to have been sworn in manner hereinbefore
prescribed shall be prima facie evidence of the seal or signature, as the case
may be, of any such court, Judge, magistrate or other officer or person
therein mentioned, appended or subscribed to any such affidavit, and of the
authority of such court, Judge, magistrate or other officer or person to
administer oaths.

83.
An affidavit shall not be admitted which is proved to have been sworn before a
person on whose behalf the same is offered, or before his legal practitioner,
or before a partner or clerk of his legal practitioner.

84.
The court may permit an affidavit to be used, notwithstanding it is defective
in form according to this Act, if the court is satisfied that it has been
sworn before a person duly authorised.

85.
A defective or erroneous affidavit may be amended and re-sworn by leave of the
court, on such terms as to time, costs or otherwise as seem reasonable.

86.
Every affidavit used in the court shall contain only a statement of facts and
circumstances to which the witness deposes, either of his own personal
knowledge or from information, which he believes to be true.

87.
An affidavit shall not contain extraneous mater, by way of objection, or
prayer, or legal argument or conclusion.

88.
When a person deposes to his belief in any matter of fact, and his belief is
derived from any source other than his own personal knowledge, he shall set
forth explicitly the facts and circumstances forming the ground of his belief.

89.
When such belief is derived from information received from another person, the
name of his informant shall be stated, and reasonable particulars shall be
given respecting the informant, and the time, place and circumstances of the
information.

90.
The following provisions shall be observed by persons before whom affidavits
are taken -

(a)

every affidavit taken in a cause or matter shall be headed in the court
and in the cause or matter;

(b)

it shall state the full name, trade or profession, residence, and
nationality of the deponent;

(c)

it shall be in the first person, and divided into convenient paragraphs,
numbered consecutively;

(d)

any erasure, interlineation or alteration made before the affidavit is
sworn, shall be attested by the person before whom it is taken, who shall
affix his signature or initial in the margin immediately opposite to the
interlineation, alteration or erasure;

(e)

where an affidavit proposed to be sworn is illegible or difficult to read,
or is in the judgement of the person before whom it is taken so written as
to facilitate fraudulent alteration, he may refuse to swear the deponent,
and require the affidavit to be rewritten in an unobjectionable manner;

(f)

the affidavit when sworn shall be signed by the witness or, if he cannot
write, marked by him with his mark, in the presence of the person before
whom it is taken;

(g)

(i) the jurat
shall be written without interlineation, alteration or erasure immediately
at the foot of the affidavit, and towards the left side of the paper, and
shall be signed by the person before whom it is taken;

(ii)

it shall state the date of the swearing and the place where it is sworn;

(iii)

it shall state that the affidavit was sworn before the person taking the
same;

(iv)

where the deponent is illiterate or blind it shall state the fact, and
that the affidavit was read over (or translated into his own language in
the case of a witness not having sufficient knowledge of English), and
that the witness appeared to understand it;

(v)

where the deponent makes a mark instead of signing, the jurat shall
state that fact, and that the mark was made in the presence of the
person before whom it is taken.

(vi)

where two or more persons join in making an affidavit their several
names shall be written in the jurat and it shall appear by the jurat
that each of them has been sworn to the truth of the several matters
stated by hi in the affidavit;

(h)

the person before whom it is taken shall not allow an affidavit, when
sworn, to be altered in any manner without being re-sworn, without being
re-sworn;

(i)

if the jurat has been added and signed the person before whom it is taken
shall add a new jurat on the affidavit being re-sworn; and in the new
jurat he shall mention the alteration;

(j)

the person before whom it is taken may refuse to allow the affidavit to be
re-sworn, and may require a fresh affidavit;

(k)

the person before whom an affidavit may be taken may take without oath the
declaration of any person affirming that the taking of any oath whatsoever
is, according to his religious belief, unlawful, or who, by reason of
immature age or want of religious belief, ought not, in the opinion of the
person taking the declaration, to be admitted to make as worn affidavit
and the person taking the declaration shall record in the attestation the
reason of such declaration being taken without oath.

91.
(1) In any civil
proceedings where direct oral evidence of a fact would be admissible, any
statement made by a person in a document and tending to establish that fact
shall, on production of the original document, be admissible as evidence of
that fact if the following conditions are satisfied -

(a)

if the maker of the statement either -

(i)

had personal knowledge of the matters dealt with by the statement, or

(ii)

where the document in question is or forms part of a record purporting
to be a continuous record, made the statement (in so far as the matters
dealt with thereby are not within his personal knowledge) in the
performance of a duty to record information supplied to him by a person
who had, or might reasonably be supposed to have, personal knowledge of
those maters; and

(b)

if the maker of the statement is called as witness in the proceedings:

Provided
that the condition that the maker of the statement shall be called as a
witness need not be satisfied if he is dead, or unfit by reason of his
bodily or mental condition to attend as a witness, or if he is beyond the
seas and it is not reasonably practicable to secure his attendance, or if
all reasonable efforts to find him have been made without success.

(2)

In any civil proceedings, the court may at any stage of
the proceedings, if having regard to all the circumstances of the case it is
satisfied that undue delay or expense would otherwise be caused, order that
such a statement as is mentioned in subsection (1) of this section shall be
admissible as evidence or may, without any such order having been made, admit
such a statement in evidence -

(a)

notwithstanding that the maker of the statement is available but is not
called as a witness;

(b)

notwithstanding that the original document is not produced, if in lieu
thereof there is produced a copy of the original document or of the
material part thereof certified to be a true copy in such manner as may be
specified in the order or as the court may approve, as the case may be.

(3)

Nothing in this section shall render admissible as
evidence any statement made by a person interested at a time when proceedings
were pending or anticipated involving a dispute as to any fact which the
statement might tend to establish.

(4)

For the purposes of this section, a statement in a document shall not be
deemed to have been made by a person unless the document or the material part
thereof was written, made or produced by him with his own hand, or was signed
or initialled by him or otherwise recognised by him in writing as one for the
accuracy of which he is responsible.

(5)

For the purpose of deciding whether or not a statement is admissible as
evidence by virtue of the foregoing provisions, the court may draw any
reasonable inference from the form or contents of the document in which the
statement is contained, or from any other circumstances, and may, in deciding
whether or not a person is fit to attend as a witness, act on a certificate
purporting to be the certificate of a registered medical practitioner, and
where the proceedings are with a jury, the court may in its discretion reject
the statement notwithstanding that the requirements of this section are
satisfied with respect thereto, if for any reason it appears to it to be
inexpedient in the interests of justice that the statement should be admitted.

92.
(1) In estimating
the weight, if any, to be attached to a statement rendered admissible as
evidence by this Act regard shall be had to all the circumstances from which
any inference can reasonably be drawn as to the accuracy or otherwise of the
statement, and in particular to the question whether or not the statement was
made contemporaneously with the occurrence or existence of the facts stated,
and to the question whether or not the maker of the statement had any
incentive to conceal or misrepresent facts.

(2)

For the purpose of any rule of law or practice requiring evidence to be
corroborated or regulating the manner in which uncorroborated evidence is to
be treated, a statement rendered admissible as evidence by this Act shall not
be treated as corroboration of evidence given by the maker of the statement.

93.
The contents of documents may be proved either by primary or by secondary
evidence.

94.
(1) Primary
evidence means the document itself produced for the inspection of the court.

(2)

Where a document has been executed in several parts, each part shall be
primary evidence of the document.

(3)

Where a document has been executed in counterpart, each counterpart being
executed by one or some of the parties only, each counterpart shall be primary
evidence as against the parties executing it.

(4)

Where a number of documents have all been made by one uniform process, as in
the case of printing, lithography, or photography, each shall be primary
evidence of the contents of the rest, but where they are all copies of a
common original, they shall not be primary evidence of the contents of the
original.

95.
Secondary evidence includes -

(a)

certified copies given under the provisions hereinafter contained;

(b)

copies made from the original by mechanical processes which in themselves
ensue the accuracy of the copy, and copies compared with such copies;

(c)

copies made from or compared with the original;

(d)

counterparts of documents as against the parties who did not execute them.

(e)

oral accounts of the contents of a document given by some person who has
himself seen it.

96.
Documents must be proved by primary evidence except in the cases hereinafter
mentioned.

97.
(1) Secondary
evidence may be given of the existence, condition or contents of a document in
the following cases -

(a)

when the original is shown or appears to be in the possession or power

(i)

of the person against whom the document is sought to be proved, or

(ii)

of any person legally bound to produce it, and when, after the notice
mentioned in section 98 of this Act, such person does not produce it;

(b)

when the existence, condition or contents of the original have been proved
to be admitted in writing by the person against whom it is proved or by
his representative in interest;

(c)

when the original has been destroyed or lost and in the latter case all
possible search has been made for it;

(d)

when the original is of such a nature as not to be easily movable;

(e)

when the original is a public document within the meaning of section 109
of this Act;

(f)

when the original is a document of which a certified
copy is permitted by this Act, or by any other law in force in Nigeria, to
be given in evidence;

(g)

when the originals consist of numerous accounts or other documents which
cannot conveniently be examined in court, and the fact to be proved is the
general result of the whole collection;

(h)

when the document is an entry in a banker's book.

(2)

The secondary evidence admissible in respect of the original documents
referred to in the several paragraphs of subsection (1) of this section is a
follows -

(a)

in paragraphs (a) (c) and (d) any secondary evidence of the contents of
the document is admissible;

(b)

in paragraph (b) the written admission is admissible.

(c)

in paragraph (e) or (f) a certified copy of the document, but no other
kind of secondary evidence, is admissible;

(d)

in paragraph (g) evidence may be given as to the general result of the
documents by any person who has examined them, and who is skilled in the
examination of such documents;

(e)

in paragraph (h) the copies cannot be received as evidence unless it be
first proved that the book in which the entries copied were made was at
the time of making one of the ordinary books of the bank, and that the
entry was made in the usual and ordinary course of business, and that the
book is in the custody and control of the bank, which proof may be given
orally or by affidavit by a partner or officer of the bank, and that the
copy has been examined with the original entry and is correct, which proof
must be given by some person who has examined the copy with the original
entry and may be given orally or by affidavit.

(3)

When a seaman sues for his wages he may give secondary evidence of the ship's
articles and of any agreement supporting his case, without notice to produce
the originals.

98.
Secondary evidence of the contents of the documents referred to in paragraph
(a) of subsection (1) of section 97 of this Act, shall not be given unless the
part proposing to give such secondary evidence has previously given to the
party in whose possession or power the document is, or to a legal practitioner
employed by such party, such notice to produce it as is prescribed by law; and
if no notice is prescribed by law, then such notice as the court considers
reasonable in the circumstances of the case.

Provided
that such notice shall not be required in order to render secondary evidence
admissible in any of the following cases, or in any other case in which the
court thinks fit to dispense with it -

(a)

when the document to be proved is itself a notice;

(b)

when, from the nature of the case, the adverse party must know that he
will be required to produce it;

(c)

when it appears or is proved that the adverse party has obtained
possession of the original by fraud or force;

(d)

when the adverse party or his agent has the original in court;

(e)

when the adverse party or his agent has admitted the loss of the document.

99.
The fact of any bank having duly made a return to the Board of Inland Revenue
in Nigeria may be proved in any legal proceedings by production of a copy of
its return verified by the affidavit of a partner or officer of the bank, or
by the production of a copy of a newspaper purporting to contain a copy of
such return published by the said Board of Inland Revenue; the fact that any
savings bank is established under the Federal Savings Bank Act, may be proved
by a certificate purporting to be under the hand of the Managing Director in
charge of such savings bank; the fact of any banking company having been
incorporated under any charter hereafter or herebefore granted may be proved
by the production of a certificate of a partner or officer of the bank that it
has been duly incorporated under such charger.

100.
If a document is alleged to be signed or to have been written wholly or in
part by any person, the signature or the handwriting of so much of the
document as is alleged to be in that person's handwriting must be proved to be
in his handwriting.

101.
(1) Evidence that
a person exists having the same name, address, business or occupation as the
maker of a document purports to have, is admissible to show that such document
was written or signed by that person.

(2)

Evidence that a document exists to which the document the making of which is
in issue purports to be a reply, together with evidence of the making and
delivery to a person of such earlier document, is admissible to show the
identity of the maker of the disputed document with the person to whom the
earlier document was delivered.

102.
(1) Evidence that
a person signed a document containing a declaration that a seal was his seal
is admissible to prove that he sealed it.

(2)

Evidence that the grantor on executing any document requiring delivery
expressed an intention that it should operate at once is admissible to prove
delivery.

103.
(1) In any
proceedings, whether civil or criminal, an instrument to the validity of which
attestation is required by law may, instead of being proved by an attesting
witness, be proved in the manner in which it might be proved if no attesting
witness were alive;

Provided
that nothing in this section shall apply to the proof of wills or other
testamentary documents.

(2)

If no attesting witness is alive, an instrument to the validity of which
attestation is required by law is proved by showing that the attestation of
one attesting witness at least is in his handwriting, and that the signature
of the person executing the documents is in the handwriting of that person.

104.
The admission of a party to an attested document of its execution by himself
shall be sufficient proof of its execution as against him, though it be a
document required by law to be attested.

105.
(1) A person
seeking to prove the due execution of a document is not bound to call the
party who executed the document or to prove the handwriting of such party or
of an attesting witness in any case where the person against whom the document
is sought to be proved -

(a)

produces such document and claims an interest under it in reference to the
subject matter of the suit; or

(b)

is a public officer bound by law to procure its due execution, and he has
dealt with it as a document duly executed.

(2)

Nothing in this section contained shall prejudice the right of a person to put
in evidence any document in the manner mentioned in sections 97 and 123 of this
Act.

106.
If the attesting witness denies or does not recollect the execution of the
document, its execution may be proved by other evidence.

107.
An attested document not required by law to be attested may be proved as if it
was unattested.

108.

(1) In order to
ascertain whether a signature, writing, seal or finger impression is that of the
person by whom it purports to have been written or made, any signature, writing,
seal or finger impression admitted or proved to the satisfaction of the court to
have been written or made by that person may be compared with the one which is
to be proved although that signature, writing, seal or finger impression has not
been produced or proved for any other purpose.

(2)

The court may direct any person present in court to write any words or figures
or to make finger impressions for the purpose of enabling the court to compare
the words, figures or finger impressions so written with any words, figures or
finger impressions alleged to have been written or made by such person:

Provided
that where an accused person does not give evidence he may not be so directed to
write any words or figures or to make finger impressions.

(3)

After the final termination of the proceedings in which the court required any
person to make his finger impressions such impressions shall be destroyed.

of public officers, legislative, judicial and executive, whether of
Nigeria or elsewhere;

(b)

public records kept in Nigeria of private documents.

110.
All documents other than public documents are private documents

111.

(1) Every public
officer having the custody of a public document which any person has a right to
inspect shall give that person on demand a copy of it on payment of the legal
fees therefor, together with a certificate written at the foot of such copy that
it is a true copy of such document or part thereof, as the case may be, and such
certificate shall be dated and subscribed by such officer with his name and his
official title, and shall be sealed, whenever such officer is authorised by law
to make use of a seal, and such copies so certified shall be called certified
copies.

(2)

Any officer who, by the ordinary course of official duty, is authorised to
deliver such copies, shall be deemed to have the custody of such documents
within the meaning of this section.

112.
Such certified copies may be produced in proof of the contents of the public
documents or parts of the public documents of which they purport to be copies.

113.
The following public documents may be proved as follows

(a)

Acts of the National Assembly or Laws of a State legislature, proclamations,
nominations, appointments and other official communications of the
Government of Nigeria or of any State thereof or of any Local Government -

(i)

which appear in the Federal Gazette or the Gazette of a State, by the
production of such Gazette, and shall be prima facie proof of any fact of
a public nature which they were intended to notify,

(ii)

by a copy thereof certified by the officer who authorised or made such
order or issued such official communication,

(iii)

by the records of the departments certified by the heads of those
departments respectively or by the Minister or in respect of matters to
which the executive authority of a state extends by the Governor or any
person nominated by him, or

(iv)

by any document purporting to be printed by order of Government;

(b)

the proceedings of the Senate or of the House of Representatives -

by
the minutes of that body or by published Acts or abstracts, or by copies
purporting to be printed by order of Government;

(c)

the proceedings of a State House of Assembly -

by
the minutes of that body or by published Laws, or by copies purporting to be
printed by order of Government;

(d)

the proceedings of a municipal body in Nigeria -

by
a copy of such proceedings, certified by the legal keeper thereof, or by a
printed book purporting to be published by the authority of such body;

(e)

Acts of Parliament of the United Kingdom and other statutes thereof enacted
including proclamations, orders or regulations issued by Her Majesty or by
the Privy Council, or by any department of Her Majesty's Government -

by
copies or extracts contained in the London Gazette, or purporting to be
printed by the Queen's printer;

(f)

the acts or Ordinances of any other part of the Commonwealth, and the
subsidiary legislation made under the authority thereof -

by
a copy purporting to be printed by the Government printer of any such
country;

(g)

treaties or other acts of State of the United Kingdom or proclamations,
treaties or acts of State of any other country-

by
journals published by their authority, or commonly received in that country
as such, or by a copy certified under the seal of the country or sovereign;

(h)

books printed or published under the authority of the Government of a
foreign country, and purporting to contain the statutes, code or other
written law of such country, and also printed and published books of reports
of decisions of the courts of such country, and books proved to be commonly
admitted in such courts as evidence of the law of such country, shall be
admissible as evidence of the law of such foreign country;

(i)

any judgment, order or other judicial proceeding outside Nigeria, or any
legal document filed or deposited in any court -

(i)

by a copy sealed with the seal of a foreign or other court to which the
original document belongs, or, in the event of such court having no seal,
to be signed by the judge, or, if there be more than one judge, by any one
of the judges of the said court, and such judge must attach to his
signature a statement in writing on the said copy that the court whereof
he is judge has no seal, or

(ii)

by a copy which purports to be certified in any manner which is certified
by any representative of Nigeria or if there is no such representative
appointed then by any representative of the United Kingdom in or for such
country to be the manner commonly in use in that country for the
certification of copies of judicial records;

(j)

public documents of any other class elsewhere than in Nigeria -

by
the original, or by a copy certified by the legal keeper thereof, with a
certificate under the seal of a notary public, or of a consul or diplomatic
agent that the copy is duly certified by the officer having the legal
custody of the original, and upon proof of the character of the document
according to the law of the foreign country.

(1) The court shall
presume every document purporting to be a certificate, certified copy or other
document, which is by law declared to be admissible as evidence of any
particular fact and which purports to be duly certified by any officer in
Nigeria who is duly authorised thereto to be genuine, provided that such
document is substantially in the form and purports to be executed in the manner
directed by law in that behalf.

(2)

the court shall also presume that any officer by whom any such document purports
to be signed or certified, held, when he signed it, the official character which
he claims in such paper.

115.
Whenever any document is produced before any court, purporting to be a record or
memorandum of the evidence, or of any part of the evidence, given by a witness
in a judicial proceeding or before any officer authorised by law to take such
evidence or to be a statement or confession by any prisoner or accused person,
taken in accordance with law, and purporting to be signed by any judge or
magistrate, or by any such officer as aforesaid, the court shall presume -

(a)

that the document is genuine;

(b)

that any statements as to the circumstances in which it was taken,
purporting to be made by the person signing it, are true; and

(c)

that such evidence, statement or confession was duly taken.

116.
The court shall presume the genuineness of every document purporting to be the
official Gazette of Nigeria or of a State or the Gazette of any part of the
Commonwealth or to be a newspaper or journal, or to be a copy of the resolutions
of the National Assembly printed by the Government Printer, and of every
document purporting to be a document directed by any law to be kept by any
person, if such document is kept substantially in the form required by law and
is produced from proper custody.

117.
When any document is produced before any court, purporting to be a document
which by the law in force for the time being in any part of the Commonwealth
would be admissible in proof of any particular in any court of justice in any
part of the Commonwealth, without proof of the seal or stamp or signature
authenticating it, or of the judicial or official character claimed by the
person by whom it purports to be signed, the court shall presume -

(a)

that such seal, stamp or signature, is genuine; and

(b)

that the person signing it held, at the time when he signed, it, the
judicial or official character which he claims, and the document shall be
admissible for the same purpose for which it would be admissible in the
United Kingdom.

118.
The court shall presume that every document purporting to be a power of
attorney, and to have been executed before and authenticated by a notary public,
or any court, Judge, magistrate, consul or representative of Nigeria or, as the
case may be, of the President, was so executed and authenticated.

119.

(1) All maps or
charts made under the authority of any Government, or of any public municipal
body, and not made for the purpose of any proceedings, shall be presumed to be
correct, and shall be admitted in evidence without further proof.

(2)

Where maps or charts so made are reproduced by printing, lithography, or other
mechanical process, all such reproductions purporting to be reproduced under the
authority which made the originals shall be admissible in evidence without
further proof.

120.
The court may presume that any book to which it may refer for information on
matters of public or general interest, the statements of which are relevant
facts and which is produced for its inspection, was written and published by the
person, and at the time and place, by whom or at which it purports to have been
written or published.

121.
The court may presume that a message, forwarded from a telegraph office to the
person to whom such message purports to be addressed, corresponds with a message
delivered for transmission at the office from which the message purports to be
sent; but the court shall not make any prescriptions as to the person by whom
such message was delivered for transmission.

122.
The court shall presume that every document, called for and not produced after
notice to produce given under section 98 of this Act, was attested, stamped and
executed in the manner required by law.

123.
Where any document, purporting or proved to be twenty years old, is produced
from any custody which the court in the particular case considers proper, the
court may presume that the signature and every other part of such document which
purports to be in the handwriting of any particular person is in that person's
handwriting, and, in the case of a document executed or attested, that it was
duly executed and attested by the persons by whom it purports to be executed and
attested.

124.
Documents are said to be in proper custody within the meaning of sections 116 to
123 of this Act if they are in the place in which, and under the care of the
person with whom, they would naturally be; but no custody is improper if it is
proved to have had a legitimate origin, or if the circumstances of the
particular case are such as to render such an origin probable.

125.
When any document bearing a date has been proved, it is presumed to have been
made on the day on which it hears date, and if more documents than one bear date
on the same day, they are presumed to have been executed in the order necessary
to effect the object for which they were executed, but independent proof of the
correctness of the date will be required if the circumstances are such that
collusion as to the date might be practised, and would, if practised, injure any
person, or defeat the objects of any law.

126.
When any document is not produced after due notice to produce, and after being
called for, it is presumed to have been duly stamped unless it be shown to have
remained unstamped for some time after its execution.

127.
When any document purporting to be, and stamped as, a deed, appears or is proved
to be or to have been signed and duly attested, it is presumed to have been
sealed and delivered although no impression of a seal appears thereon.

128.

(1) No person
producing any document which upon its face appears to have been altered in a
material part can claim under it the enforcement of any right created by it,
unless the alteration was made before the completion of the document or with the
consent of the party to be charged under it or his representative in interest;
the provisions of this subsection shall extend to cases in which the alteration
was made by a stranger, whilst the document was in the custody of the person
producing it, but without his knowledge or leave.

(2)

Alterations and interlineations appearing on the face of a deed are, in the
absence of all evidence relating to them, presumed to have been made before the
deed was completed.

(3)

Alterations and interlineations appearing on the face of a will are, in the
absence of all evidence relating to them, presumed to have been made after the
execution of the will.

(4)

There is no presumption as to the time when alterations and interlineations
appearing on the face of writings not under seal were made except that it is
presumed that they were so made that the making would not constitute an offence.

(5)

An alteration is said to be material when, if it had been made with the consent
of the party charged, it would have affected his interest or varied his
obligations in any way whatever.

(6)

An alteration which in no way affects the rights of the parties or the legal
effect of the instrument is immaterial.

129.
The persons expressed to be parties to any conveyance shall, until the contrary
is proved, be presumed to be of full age at the date thereof.

130.
Recitals, statements, and descriptions of facts, maters, and parties contained
in deeds, instruments, Acts of the National Assembly, or statutory declarations,
twenty years old at the date of the contract, shall, unless and except so far as
they may be proved to be inaccurate, be taken to be sufficient evidence of the
truth of such facts, matters and descriptions.

131.
In favour of a purchaser a deed shall be deemed to have been duly executed by a
corporation aggregate if its seal be affixed thereto in the presence of and
attested by its clerk, secretary, or other permanent officer or his deputy, and
a member of the board of directors, council, or other governing body of the
corporation, and where a seal purporting to be the seal of a corporation has
been affixed to a deed, attested by persons purporting to be persons holding
such offices as aforesaid, the deed shall be deemed to have been executed in
accordance with the requirements of this section, and to have taken effect
accordingly.

(1) When any
judgement of any court or any other judicial or official proceedings, or any
contract, or any grant or other disposition of property has been reduced to the
form of a document or series of documents, no evidence may be given of such
judgement or proceedings, or of the terms of such contract, grant or disposition
of property extents in cases in which secondary evidence is admissible under the
provisions hereinbefore contained; nor may the contents of any such document be
contradicted, altered, added to or varied by oral evidence:

Provided
that any of the following matters may be proved -

(a)

fraud, intimidation, illegality; want of due execution; the fact that it is
wrongly dated; existence, or want or failure, of consideration; mistake in
fact or law; want of capacity in any contracting party, or the capacity in
which a contracting party acted when it is not inconsistent with the terms
of the contract; or any other matter which, if proved, would produce any
effect upon the validity of any document, or of any part of it, or which
would entitle any person to any judgement, decree, or order relating
thereto;

(b)

the existence of any separate oral agreement as to any matter on which a
document is silent, and which is not inconsistent with its terms, if from
the circumstances of the case the court infers that the parties did not
intend (the document to be a complete and final statement of the whole of
the transaction between them;

(c)

the existence of any separate oral agreement, constituting a condition
precedent to the attaching of any obligation under any such contract, grant
or disposition of property;

(d)

the existence of any distinct subsequent oral agreement to rescind or modify
any such contract, grant or disposition of property;

(e)

any usage or custom by which incidents not expressly mentioned in any
contract are annexed to contracts of that description; unless the annexing
of such incident to such contract would be repugnant to or inconsistent with
the express terms of the contract.

(2)

Oral evidence of a transaction is not excluded by the fact that a documentary
memorandum of it was made, if such memorandum was not intended to have legal
effect as a contract, grant or disposition of property.

(3)

Oral evidence of the existence of a legal relationship is not excluded by the
fact that it has been created by a document, when the fact to be proved is the
existence of the relationship itself, and not the terms on which it was
established or is carried on.

133.

(1) Evidence may be
given to show the meaning of illegible or not commonly intelligible characters
of foreign, obsolete, technical, local and provincial; expression, of
abbreviations and words used in a peculiar sense.

(2)

Evidence may not be given to show that common words, the meaning of which is
plain, and which do not appear from the context to have been used in a peculiar
sense, were in fact so used.

(3)

If the words of a document are so defective or ambiguous as to be unmeaning, no
evidence can be given to show what the author of the document intended to say.

(4)

In order to ascertain the relation of the words of a document to facts, every
fact may be proved to which it refers, or may probably have been intended to
refer, or which identifies any person or thing mentioned in it. Such facts are
hereinafter called the circumstances of the case.

(5)

If the words of a document have a proper legal meaning and also a less proper
meaning, they must be deemed to have their proper legal meaning, unless such a
construction would be unmeaning in reference to the circumstances of the case,
in which case they may be interpreted according to their less proper meaning.

(6)

If the document has one distinct meaning in reference to the circumstances of
the case, it must be construed accordingly, and evidence to show that the author
intended to express some other meaning is not admissible.

(7)

If the document applies in part but not with accuracy or not completely to the
circumstances of the case, the court may draw inferences from those
circumstances as to the meaning of the document, whether there is more than
none, or only one thing or person to whom or to which the inaccurate description
may equally well apply and in such cases no evidence can be given of statements
made by the author of the document as to his intentions in reference to the
matter to which the document relates, though evidence may be given as to his
circumstances and as to his habitual use of language or names for particular
persons or things.

(8)

If the language of the document, though plain in itself, applies equally well to
more objects than one, evidence may be given both of the circumstances of the
case and of statements made by any party to the document as to his intentions in
reference to the matter to which the document relates.

(9)

If document is of such a nature that the court will presume that it was executed
with any other than its apparent intention, evidence may be given to show that
it was in fact executed with its apparent intention.

134.

(1) Sections 132
and 133 of this Act apply only to parties to documents and their representatives
in interest, d only to cases in which some civil right or civil liability is
dependent upon the terms of a document in question.

(2)

Any person other than a party to a document or his representative in
interest may, notwithstanding the existence of any document, prove any fact,
which he is otherwise entitled to prove.

(3)

Any party to any document or any representative in interest of any such
party may prove any such fact for any purpose other than that of varying or
altering any right or liability depending upon the terms of the document.

(4)

Nothing in this Part contained shall be taken to affect any of the
provisions of any enactment as to the construction of wills.

(1) Whoever
desires and court to give judgement as to any legal right or liability
dependent on the existence of facts which he asserts must prove that those
facts exist.

(2)

When a person is bound to prove the existence of any fact, it is said that
the burden of proof lies on that person.

136.
The burden of proof in a suit or proceeding lies on that person who would
fail if no evidence at all were given on either side.

137.

(1) In civil
cases the burden of first proving the existence or non existence of a fact
lies on the party against whom the judgement of the court would be given if
no evidence were produced on either side, regard being had to any
presumption that may arise on the pleadings.

(2)

If such party adduces evidence which ought reasonably to satisfy a jury that
the fact sought to be proved is established, the burden lies on the party
against whom judgement would be given if no more evidence wee adduced; and
so on successively, until all the issues in the pleadings have been dealt
with.

(3)

Where there are conflicting presumptions, the case is the same as if there
were conflicting evidence.

138.

(1) If the
commission of a crime by a party to any proceeding is directly in issue in
any proceeding civil or criminal it must be proved beyond reasonable doubt.

(2)

The burden of proving that any person has been guilty of a crime or wrongful
act is, subject to the provisions of section 141 of this Act, on the person
who asserts it, whether the commission of such act is or is not directly in
issue in the action.

(3)

If the prosecution prove the commission of a crime beyond reasonable doubt,
the burden of proving reasonable doubt is shifted on to the accused.

139.
The burden of proof as to any particular fact lies on that person who wishes
the court to believe in its existence, unless it is provided by any law that
the proof of that fact shall lie on any particular person, but the burden
may in course of a case be shifted from one side to the other; in
considering the amount of evidence necessary to shift the burden of proof
regard shall be had by the court to the opportunity of knowledge with
respect to the fact to be proved which may be possessed by the parties
respectively.

140.

(1) The burden
of proving any fact necessary to be proved in order -

(a)

to enable a person to adduce evidence of some other fact; or

(b)

to prevent the opposite party from adducing evidence of some other fact,
lies on the person who wishes to adduced, or to prevent the adduction
of, such evidence, respectively.

(2)

The existence or non existence of facts relating to the admissibility of
evidence under this section is to be determined by the court.

141.

(1) Where a
person is accused of any offence the burden of proving the existence of
circumstances bringing the case within any exception or exemption from, or
qualification to, the operation of the law creating the offence with which
he is charged is upon such person.

(2)

The burden of proof placed by this Part of this Act upon an accused charged
with a criminal offence shall be deemed to be discharged if the court is
satisfied by evidence given by the prosecution, whether on cross examination
or otherwise, that such circumstances in fact exist.

(3)

Nothing in section 138, 142 of this Act or in subsection (1) or (2) of this
section shall -

(a)

prejudice or diminish in any respect the obligation to establish by
evidence according to law any acts, omissions or intentions which are
legally necessary to constitute the offence with which the person
accused is charged; or

(b)

impose on the prosecution the burden of proving that the circumstances
or facts described in subsection (2) of this section do not exist; or

(c)

affect the burden placed on an accused person to prove a defence of
intoxication or insanity.

142.
When any fact is especially within the knowledge of any person, the burden
of proving that fact is upon him.

143.
Any exception, exemption, proviso, excuse, qualification, whether it does or
does not accompany in the same section the description of the offence in the
Act, order, by law, regulation, or other document creating the offence, may
be proved by the accused, but need not be specified or negative in the
charge, and, if so specified or negative, no proof in relation to the matter
so specified or negative shall be required on the part of the prosecution.

144.

(1) A person
shown not to have been heard of for seven years by those, if any, who, if he
had been alive, would naturally have head of him, is presumed to be dead
unless the circumstances of the case are such as to account for his not
being heard of without assuming his death; but there is no presumption as to
the time when he died, and the burden of proving his death at any particular
time is upon the person who asserts it.

(2)

For the purpose of determining title to property where two or more persons
have died in circumstances in which it is uncertain which survived the
other, they are presumed to have died in order of seniority.

(3)

There is no presumption as to the age at which a person died who is shown to
have been alive at a given time.

145.
When the question is whether persons are partners, landlord and tenant, or
principal and agent, and it has been shown that they have been acting as
such, the burden of proving that they do not stand, or have ceased to stand,
to each other in those relationships respectively, is on the person who
affirms it.

146.
When the question is whether any person is owner of anything of which he is
shown to be in possession, the burden of proving that he is not the owner is
on the person who affirms that he is not the owner.

147.
Where there is a question as to the good faith of a transaction between
parties, one of whom stands to the other in a position of active confidence,
the burden of proving the good faith of the transaction is on the party who
is in a position of active confidence.

148.
Without prejudice to section 84 of the Matrimonial Causes Act, where a
person was born during the continuance of a valid marriage between his
mother and any man, or within 280 days after dissolution, the mother
remaining unmarried, the court, shall presume that the person in question is
the legitimate son of that man.

149.
The court may presume the existence of any fact which it thinks likely to
have happened, regard being had to the common course of natural events,
human conduct and public and private business, in their relation to the
facts of the particular case, and in particular the court may presume -

(a)

that a man who is in possession of stolen goods soon after the theft is
either the thief or has received the goods knowing them to be stolen,
unless he can account for his possession;

(b)

that a thing or state of things which has been shown to be in existence
within a period shorter than that within which such things or states of
things usually cease to exist, is still in existence;

(c)

that the common course of business has been followed in particular
cases;

(d)

that evidence which could be and is not produced would, if produced, be
unfavourable to the person who withholds it;

(e)

that when a document creating an obligation is in the hands of the
obligor, the obligation has been discharged.

150.

(1) When any
judicial or official act is shown to have been done in a manner
substantially regular, it is presumed that formal requisites for its
validity were complied with.

(2)

When it is shown that any person aced in a public capacity it is presumed
that he had been duly appointed and was entitled so to act.

(3)

When a person in possession of any property is shown to be entitled to the
beneficial ownership thereof, there is a presumption that every instrument
has been executed which it was the legal duty of this trustees to execute in
order to perfect his title.

(4)

When a minute is produced purporting to be signed by the chairman of a
company incorporated under the companies and Allied Matters Act, and
purporting to be a record of proceedings at a meeting of the company, or of
its directors, it is presumed, until the contrary is shown, that such
meeting was duly held and convened and that all proceedings thereat have
been duly had, and that all appointments of directors, managers and
liquidators are valid.

151.
When one person has, by his declaration, act or omission, intentionally
caused or permitted another person to believe a thing to be true and to act
upon such belief, neither he nor his representative in interest shall be
allowed, in any proceedings between himself and such person or such persons
representative in interest, to deny the truth of that thing.

152.
No tenant of immovable property, or person claiming through such tenant,
shall, during the continuance of the tenancy, be permitted to deny that the
landlord of such tenant had, at the beginning of the tenancy, a title to
such immovable property; and no person who came upon any immovable property
by the licence of the person in possession thereof shall be permitted to
deny that such person had a title to such possession at the time when such
licence was given.

153.
No bailee, agent or licensee is permitted to deny that the bailor, principal
or licensor, by whom any goods were entrusted to any of them respectively,
was entitled to those goods at the time when they wee so entrusted:

Provided
that any such bailee, agent or licensee may show that he was compelled to
deliver up any such goods to some person who had a right to them as against
his bailor, principal or licensor, or that his bailor, principal or licensor
wrongfully and without notice to the bailee, agent or licensee, obtained the
goods from a third person who has claimed them from such bailee, agent or
licensee.

154.
Every bill of lading in the hand of a consignee or endorsee for valuable
consideration, representing goods to have been shipped on board a vessel, is
conclusive proof of that shipment as against the master or other person
signing the same notwithstanding that some goods or some part thereof may
not have been so shipped, unless such holder of the bill of lading had
actual notice at the time of receiving the same that the goods had not been
in fact laden on board:

Provided
that the master or other person so signing may exonerate himself in respect
of such misrepresentation by showing that it was caused without any default
on his part, and wholly by the fraud of the shipper or of the holder or some
person under whom the holder holds.

(1) All persons
shall be competent to testify, unless the court considers that they are
prevented from under standing the questions put to them, or from giving
rational answers to those questions, by reason of tender years, extreme old
age, disease, whether of body or mind, or any other cause of the same kind.

(2)

A person of unsound mind is not incompetent to testify unless he is
prevented by his mental infirmity from understanding the questions put to
him and giving rational answers to them.

156.

(1) A witness who
is unable to speak may give his evidence in any other manner in which he can
make it intelligible, as by writing or by signs,; but such writing must be
written and the signs made in open court.

(2)

Evidence so given shall be deemed to be oral evidence.

157.
A banker or officer of a bank shall not, in any legal proceeding to which the
bank is not a party, be compellable to produce any banker's book the contents
of which can be proved in the manner provided in section 97 of this Act or to
appear as a witness to prove the matters, transactions and accounts therein
recorded, unless by order of the court made for special cause.

158.
Subject to the proviso contained in section 148 of this Act in all civil
proceedings the parties to the suit, and the husband or wife of any party to
the suit, shall be competent witnesses.

159.
Subject to the provisions of this Part of this Act, in criminal cases the
accused person, and his or her wife or husband, and any person and the wife or
husband of any person jointly charged with him and tried at the same time, is
competent to testify.

160.
Every person charged with an offence shall be a competent witness for the
defence at every stage of the proceedings, whether the person so charged is
charged solely or jointly with any other person:

Provided
that -

(a)

a person so charge shall not be called as a witness in pursuance of this
section except upon his own application;

(b)

the failure of any person charged with an offence to give evidence shall
not be made the subject of any comment by the prosecution;

(c)

a person charged and being a witness in pursuance of this section may be
asked any question in cross examination notwithstanding that it would tend
to criminate him as to the offence charged;

(d)

a person charged and called as a witness in pursuance of this section
shall not be asked, and if asked, shall not be required to answer, any
question tending to show that he has committed or been convicted of or
been charged with any offence other than that wherewith he is then
charged, or is of bad character, unless

(i)

the proof that he has committed or been convicted of such other offence
is admissible evidence to show that he is guilty of the offence
wherewith he is then charged, or

(ii)

he has personally or by his legal practitioner asked questions for the
witnesses for the prosecution with a view to establish his own good
character or has given evidence of his good character, or the nature or
conduct of the defence is such as to involved imputations on the
character of the prosecutor or the witnesses for the prosecution, or

(iii)

he has given evidence against any other person charged with the same
offence;

(e)

when the only witness to the facts of the case called by the defence is
the person charged he shall be called as a witness immediately after the
close of the evidence for the prosecution;

(f)

every accused person called as a witness in pursuance of this section
shall, unless otherwise ordered by the court, give his evidence from the
witness box or other place from which the other witnesses give their
evidence;

(g)

nothing in this section shall affect the right of the person charged to
make a statement without being sworn;

(h)

in cases where the right of reply depends upon the question whether
evidence has been called for the defence, the fact that the person charged
has been called as a witness shall not of itself confer on the prosecution
the right of reply.

161.

(1) When a person
is charged -

(a)

with an offence under any of the enactment contained in sections 217, 218,
219, 221, 222, 223 , 224, 225, 226, 232, 300, 301, 340, 341, 357 to 362
369, 370 and 371 of the Criminal Code; or

(b)

subject to the provisions of section 36 of the Criminal Code, with an
offence against the property of his or her wife or husband; or

(c)

with inflicting violence on his or her wife or husband; the wife or
husband of the person charged shall be a competent and compellable witness
for the prosecution or defence without the consent of the person charged.

(2)

When a person is charged with an offence other than one of those mentioned in
the preceding subsection the husband or wife of such person respectively is a
competent and compellable witness but only upon the application of the person
charged.

(3)

Nothing in this section shall make a husband compellable to disclose any
communication made to him by his wife during the marriage or a wife
compellable to disclose any communication made to her by her husband during
the marriage.

(4)

The failure of the wife or husband of any person charged with an offence to
give evidence shall not be made the subject of any comment by the prosecution.

162.
When a person charged with an offence is married to another person by a
marriage other than a monogamous marriage such last named person shall be a
competent and compellable witness on behalf of either the prosecution or the
defence:

Provided
that in the case of a marriage by Islamic law neither party to such marriage
shall be compellable to disclose any communication made to him or her by the
other party during such marriage.

163.
The parties to any proceeding instituted in consequence of adultery and the
husbands and wives of the parties shall be competent to give evidence in the
proceedings, but no witness in any such proceedings whether a party thereto or
not, shall be liable to be asked or bound to answer any question tending to show
that he or she has been guilty of adultery, unless he or she has already given
evidence in the same proceeding in disproof of the alleged adultery.

Communications
during Marriage

164.
No husband or wife shall be compelled to disclose any communication made to him
or her during marriage by any person to whom he or she is or has been married;
nor shall he or she be permitted to disclose any such communication, unless the
person who made it, or that person's representative in interest, consents,
except in suits between married persons, or proceedings in which one married
person is prosecuted for an offence specified in subsection (1) of section 161
of this Act.

165.
No Judge and, except upon the special order of the High Court of the State, or
of the Federal Capital Territory, Abuja or the Federal High Court, no magistrate
shall be compelled to answer any questions as to his own conduct in court as
such Judge or magistrate, or as to anything which came to his knowledge in court
as such Judge or magistrate; but he may be examined as to other matters which
occurred in his presence whilst he was so acting.

166.
No magistrate or police officer shall be compelled to say whence he got any
information as to the commission of any offence, and no officer employed in or
about the business of any branch of the public revenue shall be compelled to say
whence the got any information as to the commission of any offence against the
public revenue.

167.
Subject to any directions of the President in any particular case, or of the
Governor where the records are in the custody of a state, no one shall be
permitted to produce any unpublished official records relating to affairs of
State, or to give any evidence derived therefrom, except with the permission of
the officer at the head of the department concerned, who shall give or withhold
such permission as he thinks fit.

168.
No public officer shall be compelled to disclose communications made to him in
official confidence, when he considers that the public interests would suffer by
the disclosure.

169.
A juror may not give evidence as to what passed between the jurymen in the
discharge of their duties, except as to mattes taking place in open court.

170.

(1) No legal
practitioner shall at any time be permitted, unless with his client's express
consent, to disclose any communication made to him in the course and for the
purpose of his employment as such legal practitioner by or on behalf of his
client, or to state the contents or condition of any document with which he has
become acquainted in the course and for the purpose of his professional
employment, or to disclose any advice given by him to his client in the course
an for the purpose of such employment:

Provided
that nothing in this section shall protect from disclosure -

(a)

any such communication made in furtherance of any illegal purpose;

(b)

any fact observed by any legal practitioner in the course of his employment
as such, showing that any crime or fraud has been committed since the
commencement of his employment.

(2)

It is immaterial whether the attention of such legal practitioner was or was not
directed to such fact by or on behalf of his client.

(3)

The obligation stated in this section continues after the employment has ceased.

171.
The provision of section 170 of this Act shall apply to interpreters, and the
clerks and agents of legal practitioners.

172.
If any party to a suit gives evidence therein at his own instance or otherwise,
he shall not be deemed to have consented thereby to such disclosure as is
mentioned in section 170 of this Act, and, if any party to a suit or proceedings
calls any such legal practitioner as a witness, he shall be deemed to have
consented to such disclosure only if the questions such legal practitioner on
matters, which, but for such question, he would not be at liberty to disclose.

173.
No one shall be compelled to disclose to the court any confidential
communication which has taken place between him and a legal practitioner
consulted by him, unless he offers himself as a witness, in which case he may be
compelled to disclose any such communications as may appear to the court
necessary to be known in order to explain any evidence which he has given, but
no others.

174.
No witness who is not a party to a suit shall be compelled to produce his title
deeds to any property or any document in virtue of which he holds any property
as pledge or mortgagee or any document the production of which might tend to
incriminate him, unless he has agreed in writing to produce them with the person
seeking the production of such deeds or some person through whom he claims.

175.
No one shall be compelled to produce documents in his possession which any other
person would be entitled to refuse to produce if they were in his possession,
unless such last mentioned person consents to their production.

176.
No one is bound to answer any question if the answer there to would, in the
opinion of the court, have a tendency to expose the witness or the wife or
husband of the witness to any criminal charge, or to any penalty or forfeiture
which the judge regards as reasonably likely to be preferred to sued for:

Provided
that -

(a)

a person charged with an offence, and being a witness in pursuance of
section 160 of this Act, may be asked and is bound to answer any question in
cross examination notwithstanding that it would tend to criminate him as to
the offence charged;

(b)

no one is excused from answering any question only
because the answer may establish or tend to establish that he owes a debt or
is otherwise liable to any civil suit either at the instance of the State or
any other person;

(c)

nothing in this section contained shall excuse a witness at any inquiry by
direction of the Attorney General of the Federation, or of the
Attorney-General of a State, under part 49 of the Criminal Procedure Act,
from answered under the provisions of section 458 of that Act.

177.
No plaintiff in any action for breach of promise of marriage can recover a
verdict, unless his or her testimony is corroborated by some other material
evidence in support of such promise; and the fact that the defendant did not
answer letters affirming that he had promised to marry the plaintiff is not such
corroboration.

178.

(1) An accomplice
shall be a competent witness against an accused person, and a conviction is not
illegal merely because it proceeds upon the uncorroborated testimony of an
accomplice:

Provided
that in cases tried with a jury when the only proof against a person charged
with a criminal offence is the evidence of an accomplice, uncorroborated in
any material particular implicating the accused, the Judge shall warn the jury
that it is unsafe to convict any person upon such evidence, though they have a
legal right to do so and in all other cases the court shall so direct itself.

(2)

Where accused persons are tried jointly and any of them gives evidence on his
own behalf, which incriminates the co-accused, the accused who gives such
evidence shall not be considered to be an accomplice.

179.

(1) Except as
provided in this section, no particular number of witnesses shall in any case be
required for the proof of any fact.

(2)

(a) No person
charged with treason or with any of the felonies mentioned in sections 40, 41
and 42 of the Criminal Code can be convicted, except on his own plea of guilty,
or on the evidence in open court of two witnesses at the least to one overt act
of the kind of treason or felony alleged, or the evidence of one witness to one
overt act and one other witness to another overt act of the same kind of treason
or felony.

(b)

This subsection does not apply to cases in which the overt act of treason
alleged is the killing of the President, or a direct attempt to endanger the
life or injure the person of the President.

(3)

A person shall not be convicted of committing perjury or of counselling or
procuring the commission of perjury, upon the uncorroborated testimony of one
witness, contradicting the oath on which perjury is assigned, unless
circumstances are proved which corroborate such witness.

(4)

A person charged under the Road Traffic Law of a State within driving at a speed
greater than the allowed maximum shall not be convicted solely on the evidence
of one witness that in his opinion he was driving at such speed.

(5)

A person shall not be convicted of the offences mentioned in paragraph (b) of
subsection (1) of section 51 or in section 218, 221, 223 or 224 of the Criminal
Code upon the uncorroborated testimony of one witness.

180.
Save as otherwise provided in sections 182 and 183 of this Act all oral evidence
given in any proceedings must be given upon oath or affirmation administered in
accordance with the provisions of the Oaths Act.

181.
Where an oath has been duly administered and taken, the fact that the person
to whom the same was administered had, at the time of taking such oath, no
religious belief, does not for any purpose affect the validity of such oath.

182.

(1) Any court may on
any occasion, if it thinks it just and expedient, receive the evidence, though
not given upon oath, of any person declaring that the taking of any oath
whatsoever is, according to his religious belief, unlawful, or who, by reason of
want of religious belief, ought no, in the opinion of the court, to be admitted
to give evidence upon oath.

(2)

The fact that in any case evidence not given upon oath has been received, and
the reasons for the reception of such evidence, shall be recorded in the minutes
of the proceedings.

183.

(1) In any
proceeding for any offence the evidence of any child who is tendered as a
witness and does not, in the opinion of the court, understand the nature of an
oath, may be received, though not given upon oath, if, in the opinion of the
court, such child is possessed of sufficient intelligence to justify the
reception of the evidence, and understands the duty of speaking the truth.

(2)

If the court is of opinion as stated in subsection (1) of this section, the
deposition of a child may be taken though not on oath and shall be admissible in
evidence in all proceedings where such deposition if made by an adult would be
admissible.

(3)

A person shall not be liable to be convicted of the offence unless the testimony
admitted by virtue of this section and given on behalf of the prosecution is
corroborated by some other material evidence in support thereof implicating h
accused.

(4)

If any child whose evidence is received as aforesaid wilfully gives false
evidence in such circumstances that he would if the evidence had been given on
oath have been guilty of perjury, he shall be guilty of an offence against
section 191 of the Criminal Code and, on conviction, shall be dealt with
accordingly.

184.
Where in any suit brought by or against a first or second class chief in either
his official or personal capacity such chief desires to give evidence, or where
in any other suit the evidence of such a chief is required, the evidence of the
chief shall not be given at the hearing of the suit, but shall be taken in the
form of a deposition or otherwise in accordance with the terms of an order to
that effect to be made by the court, and the evidence so taken shall be
admissible at the hearing if when it was so taken the other party to the suit
had an opportunity of being present and of cross examining:

Provided
that the evidence of the chief shall be given at the hearing of the suit if he
so desires, or if the court, having regard to all the circumstances, considers
it to be necessary that his evidence should be so given and makes an order to
that effect.

185.
The order in which witnesses are produced and examined shall be regulated by the
law and practice for the time being relating to civil and criminal procedure
respectively, and, in the absence of any such law, by the discretion of the
court.

186.

(1) When either
party proposes to give evidence of any fact, the court may ask the party
proposing to give the evidence in what manner the alleged fact, if proved, would
be relevant; and the court shall admit the evidence if it thinks that the fact,
if proved, would be relevant and not otherwise.

(2)

If the fact proposed to be proved is one of which evidence is admissible only
upon proof of some other fact, such last mentioned fact must be proved before
evidence is given of the fact first mentioned, unless the party undertakes to
give proof of such fact, and the court is satisfied with such undertaking.

(3)

If the relevancy of one alleged fact depends upon another alleged fact being
first proved, the court may, in its discretion, either permit evidence of the
first fact to be given before the second fact is proved, or require evidence to
be given of the second fact before evidence is given of the first fact.

187.

(1) On the
application of either party, or of its own motion, the court may order witnesses
on both sides to be kept out of court; but this provision does not extend to the
parties themselves or to their respective legal advisers, although intended to
be called as witnesses.

(2)

The court may during any trial take such means as it considers necessary and
proper for preventing communication with witnesses who are within the courthouse
or its precincts awaiting examination.

188.

(1) The examination
of a witness by the party who calls him shall be called his examination in
chief.

(2)

The examination of a witness by a party other than the party who calls him shall
be called his cross examination.

(3)

Where a witness has been cross-examined and is then examined by the party who
called him, such examination shall be called his re examination.

189.

(1) Witnesses shall
be first examined in chief, then, if any other party so desires, cross-examined,
then, if the party calling him so desires, re examined.

(2)

The examination and cross-examination must relate to relevant facts, but the
cross-examination need not be confined to the facts to which the witness
testified on his examination in chief.

(3)

The re - examination shall be directed to the explanation of matters referred to
in cross examination; and, if new matter is, by permission of the court,
introduced in re-examination, the adverse party may further cross examine upon
that matter.

190.
In criminal proceedings where more than one accused is charged at the same time
each accused shall be allowed to cross examine a witness called by the
prosecution before the witness is re examined.

191.
Where more than one accused is charged at the same time a witness called by one
accused may be cross examined by the other accused and if cross examined by the
other accused such cross examination shall take place before cross examination
by the prosecution.

192.
Any person, whether a party or not, in a cause may be summoned to produce a
document without being summoned to give evidence, and if he causes such document
to be produced in court the court may dispense with his personal attendance.

193.
A person summoned to produce a document does not become a witness by the mere
fact that he produces it and cannot be cross examined unless and until he is
called as a witness.

194.
Witnesses to character may be cross-examined and re-examined.

195.
Any question suggesting the answer, which the person putting it wishes or
expects to receive is called a leading question.

196.

(1) Leading
questions must not, if objected to by the adverse party, be asked in examination
in chief, or in re-examination, except with the permission of the court.

(2)

The court shall permit leading questions as to matters which are introductory or
undisputed, or which have, in its opinion, been already sufficiently proved.

197.
Leading questions may be asked in cross examination.

198.

(1) Any witness may
be asked, whilst under examination, whether any contract, grant or other
disposition of property, as to which he is giving evidence, was not contained in
a document, and if he says that it was, or if he is about to make any statement
as to the contents of any document, which, in the opinion of the court, ought to
be produced, the adverse party may object to such evidence being given until
such document is produced, or until facts have been proved which entitle the
party who called the witness to give secondary evidence of it.

(2)

A witness may however give oral evidence of statements made by other persons
about the contents of a document if such statements are in themselves relevant
facts.

199.
A witness may be cross examined as to previous statements made by him in writing
or reduced into writing, and relevant to matters in question in the suit or
proceeding in which he is cross examined without such writing being shown to
him, or being proved; but, if it is intended to contradict him by the writing,
his attention must, before the writing can be proved, be called to those parts
of it which are to be used for the purpose of contradicting him.

200.
When a witness is cross examined, he may, in addition to the questions
hereinbefore referred to, be asked any questions which tend -

(a)

to test his accuracy, veracity or credibility; or

(b)

to discover who he is and what is his position in life;

or

(c)

to shake his credit, by injuring his character:

Provided
that a person charged with a criminal offence and being a witness may be cross
examined to the effect, and under the circumstances, described in paragraph (d)
of the proviso to section 160 of this Act.

201.

(1) If any such
question relates to a matter not relevant to the proceedings, except in so far
as it affects the credit of the witness by injuring his character, the court
shall decide whether or not the witness shall be compelled to answer it, and
may, if it thinks fit, warn the witness that he is not obliged to answer it.

(2)

In exercising its discretion, the court shall have regard to the following
consideration -

(a)

such questions are proper if they are of such a nature that the truth of the
imputation conveyed by them would seriously affect the opinion of the court
as to the credibility of the witness on the matter to which he testifies;

(b)

such questions are improper if the imputation which they convey relates to
matters so remote in time, or of such a character, that the truth of the
imputation would not affect, or would affect in a slight degree, the opinion
of the court as to the credibility of the witness on the matter to which he
testifies; -

(c)

such questions are improper if there is a great dis proportion between the
importance of the imputation made against the witness's character and the
importance of his evidence.

(3)

The court may, if it sees fit, draw from the witness's refusal to answer, the
inference that the answer if given would be unfavourable.

203.
If the court is of opinion that any such question was asked without reasonable
grounds, it may, if it was asked by any legal practitioner, report the
circumstances of the case to the Attorney General of the Federation or other
authority to which such legal practitioner is subject in the exercise of his
profession.

204.
The court may forbid any question or inquiries which it regards as indecent or
scandalous, although such questions or inquiries may have some bearing on the
questions before the court, unless they relate to facts in issue, or to matters
necessary to be known in order to determine whether or not the facts in issue
existed.

205.
The court shall forbid any question which appears to it to be intended to insult
or annoy, or which, though proper in itself, appears to the court needlessly
offensive in form.

206.
When a witness has been asked and has answered any question which is relevant to
the inquiry only in so far as it tends to shake his credit by injuring his
character, no evidence shall be given to contradict him; but, if he answers
falsely, he may afterwards be charged with an offence against section 191 of the
Criminal Code and, on conviction, shall be dealt with accordingly:

Provided
that -

(a)

if a witness is asked whether he has been previously convicted of any crime
and denies it, evidence may be given of his previous conviction;

(b)

if a witness is asked any question tending to impeach his impartiality and
answers it by denying the facts suggested he may be contradicted.

207.
The party producing a witness shall not be allowed to impeach his credit by
general evidence of bad character, but he may, in case the witness shall, in the
opinion of the court, prove hostile, contradict him by other evidence, or by
leave of the court, prove that he has made at other times a statement
inconsistent with his present testimony; but before such last mentioned proof
can be given the circumstances of the supposed statement, sufficient to
designate the particular occasion, must be mentioned to the witness and he must
be asked whether or not he has made such statement.

208.
If a witness upon cross examination as to a former statement made by him
relative to the subject matter of the trial, and inconsistent with his present
testimony, does not distinctly admit that he has made such statement, proof may
be given that he did in fact make it; but before such proof can be given the
circumstances of the supposed statement sufficient to designate the particular
occasion must be mentioned to the witness, and he must be asked whether or not
he has made such statement.

209.
A witness may be cross examined as to previous statements made by him in writing
relative to the subject matter of the trial without such writing being shown to
him, but if it is intended to contradict such witness by the writing, his
attention must, before such contradictory proof can be given, be called to those
parts of the writing which are to be used for the purpose of so contradicting
him:

Provided
always that it shall be competent for the court at anytime during the trial, to
require the production of the writing for its inspection, and the court may
thereupon make use of it for the purposes of the trial, as it shall think fit.

210.
The credit of a witness may be impeached in the following ways by any party
other than the party calling him or with the consent of the court by the party
who calls him -

(a)

by the evidence of persons who testify that they, from their knowledge of
the witness, believe him to be unworthy of credit;

(b)

by proof that the witness has been bribed, or has accepted the offer of a
bribe, or has received any other corrupt inducement to give his evidence;

(c)

by proof of former statements inconsistent with any part of his evidence
which is liable to be contradicted.

211.
When a man is prosecuted for rape or for attempt to commit rape or for indecent
assault, it may be shown that the woman against whom the offence is alleged to
have been committed was of a generally immoral character, although she is not
cross examined on the subject; the woman may in such a case be asked whether she
has had connection with other men, but her answer cannot be contradicted and she
may also be asked whether she has had connection on other occasions with the
prisoner, and if she denies it she may be contradicted.

212.
A witness declaring another witness to be unworthy of credit may not, upon his
examination in chief, give reasons for his belief, but he may be asked his
reasons in cross examination, and the answers which he gives cannot be
contradicted, though, if they are false, he may afterwards be charged with an
offence against section 191 of the Criminal Code and, on conviction, shall be
dealt with accordingly.

213.
When a witness whom it is intended to corroborate gives evidence of any relevant
fact, he may be questioned as to any other circumstances which he observed at or
near to the time or place at which such relevant fact occurred, if the court is
of opinion that such circumstances, if proved, would corroborate the testimony
of the witness as to the relevant fact which he testifies.

214.
In order to corroborate the testimony of a witness, any former statement made by
such witness relating to the same fact at or bout the time when the fact took
place, or before any authority legally competent to investigate the fact, may be
proved.

215.
Whenever any statement relevant under section 33 or 34 of this Act is proved,
all matters may be proved either in order to contradict or to corroborate it, or
in order to impeach or confirm the credit of the person by whom it was made,
which might have been proved if that person has been called as a witness and had
denied upon cross examination the truth of the matters suggested.

216.

(1) A witness
may, while under examination, re-fresh his memory by referring to any writing
made by himself at the time of the transaction concerning which he is
questioned, or so soon afterwards that the court considers it likely that the
transaction was at that time fresh in his memory.

(2)

The witness may also refer to any such writing made by any other person, and
read by the witness within the time aforesaid, if when he read it he knew it to
be correct.

(3)

An expert may refresh his memory by reference to professional treatises.

217.
A witness may also testify to facts mentioned in any such document as is
mentioned in section 216 although he has no specific recollection of the facts
themselves, if he is sure that the facts were correctly recorded in the
document.

218.
Any writing referred to under the provisions of the two last preceding sections
must be produced and shown to the adverse party if he requires it: such party
may, if he pleases, cross examine the witness thereupon.

219.

(1) A witness,
subject to the provisions of section 220 of this Act, summoned to produce a
document shall, if it is in his possession or power, bring it to court,
notwithstanding any objection which there may be to its production or to its
admissibility and the validity of any such objection shall be decided by the
court.

(2)

The court, if it sees fit, may inspect the document or take other evidence to
enable it to determine on its admissibility.

(3)

If for such a purpose, it is necessary to cause any document to be translated,
the court may, if it thinks fit, direct the translator to keep the contents
secret, unless the document is to be given in evidence and, if the translator
disobeys such direction, he shall be held to have committed an offence under
subsection (1) of section 97 of the Criminal Code.

220.

(1) The minister, or
in respect of matters to which the executive authority of a State extends, the
Governor or any person nominated by him, may in any proceedings object to the
production of documents or request the exclusion of oral evidence, when, after
consideration, he is satisfied that the production of such document or the
giving of such oral evidence is against public interest; and any such objection
taken before trial shall be by affidavit and any such objection taken at the
hearing shall be by certificate produced by a public officer.

(2)

Any such objection, whether by affidavit sworn by the Minister or by certificate
under his hand (or by affidavit sworn by or certificate under the hand of the
Governor or person nominated by him as aforesaid), shall be conclusive and the
court shall not inspect such documents or be informed as to the nature of such
oral evidence but shall give effect to such affidavit or certificate.

221.
When a party calls for a document which he has given the other party notice to
produce, and such document is produced and inspected by the party calling for
its production, he is bound to give it as evidence if the party producing it
requires him to do so.

222.
When a party refuses to produce a document which he has had notice to produce,
he cannot afterwards use the document as evidence without the consent of the
other party or the order of the court.

223.
The court or any person empowered by law to take evidence may, in order to
discover or to obtain proper proof of relevant facts, ask any question he
pleases, in any form, at any time, of any witness, or of the parties about any
fact relevant or irrelevant; and may order the production of any document or
thing; and neither the parties nor their agents shall be entitled to make any
objection to any such question or order or, without the leave of the court, to
cross examine any witness upon any answer given in reply to any such question:

Provided
that the judgement must be based upon facts declared by this Act to be relevant,
and duly proved:

Provided
further that this section shall not authorise any Judge to compel any witness to
answer any question or to produce any document which such witness would be
entitled to refuse to answer or produce under sections 162 to 176 of this Act,
if the question were asked or the document were called for by the adverse party;
nor shall the Judge ask any question which it would be improper for any other
person to ask under section 201 or 202 of this Act, nor shall he dispense with
primary evidence of any document, except in the cases hereinbefore excepted.

224.
In case tried by jury or with assessors, the jury or assessors may put any
questions to the witnesses, through or by leave of the Judge, which the Judge
himself might put and which he considers proper.

(1) Where it is
necessary to prove a conviction of a criminal offence the same may be proved -

(a)

by the production of a certificate of conviction containing the substance
and effect of the conviction only, purporting to be signed by the registrar
or other officer of the court in whose custody is the record of the said
conviction;

(b)

if the conviction was before a customary court by a similar certificate
signed by the clerk of court or scribe of the court in whose custody is the
record of the said conviction; or

(c)

by a certificate purporting to be signed by the Director of Prisons or
officer in charge of the records of a prison in which the prisoner was
confined giving the offence for which the prisoner was convicted, the date
and the sentence.

(2)

If the person alleged to be the person referred to in the certificate denies
that he is such person the certificate shall not be put in evidence unless the
court is satisfied by the evidence that the individual in question and the
person named in the certificate are the same.

(3)

(a) A previous
conviction in a place outside Nigeria may be proved by the production of a
certificate purporting to be given under the hand of a police officer in the
country where the conviction was had, containing a copy of the sentence or order
and the finger prints of the person or photographs of the finger prints of the
person so convicted, together with evidence that the finger prints of the person
so convicted are those of the accused person.

(b)

A certificate given under paragraph (a) of this subsection shall be prima
facie evidence of all facts therein set forth without proof that the officer
purporting to sign the same did in fact sign it and was empowered so to do.

226.

(1) For the purposes
of this section "the central registrar" means the person in charge of
the principal registry of criminal records established under the provisions of
the Prevention of Crimes Act.

(2)

A previous conviction may be proved against any person in any criminal
proceedings by the production of such evidence of the conviction as is mentioned
in this section, and by showing that his finger prints and those of the person
convicted are the finger prints of the same person.

(3)

A certificate -

(a)

purporting to be signed by or on behalf of the central registrar; and

(b)

containing particulars relating to a conviction extracted from the criminal
records kept by him or a photographic copy certified as such of particulars
relating to a conviction as entered in the said records; and

(c)

certifying that the copies of the finger prints exhibited to the certificate
are copies of the finger prints appearing from the said records to have been
taken from the person convicted on the occasion of the conviction,

shall
be evidence of the conviction and evidence that the copies of the finger
prints exhibited to the certificate are copies of the finger prints of the
person convicted.

(4)

A Certificate

(a)

Purporting to be signed by or on behalf of the superintendent of a prison in
which any person has been detained in connection with any criminal proceedings
or by a Police officer who has had custody of any person charged with an
offence in connection with any such proceedings: and

(b)

certifying that the finger prints exhibited thereto were taken from such
person while he was so detained or was in such custody as aforesaid,

shall
be evidence in those proceedings that the finger prints exhibited to the
certificate are the finger prints of that person.

(5)

A certificate

(a)

purporting to be signed by or on behalf of the central registrar; and

(b)

certifying that -

(i)

the finger prints, copies of which are certified as aforesaid by or on
behalf of the central registrar to be copies of the finger prints of a
person previously convicted, and

(ii)

the finger prints certified by or on behalf of the superintendent of the
prison or the police officer as aforesaid, or otherwise shown, to be the
finger prints of the person against whom the previous conviction is sought
to be proved, are the finger prints of the same person,

shall
be evidence of the matter so certified.

(6)

The method of proving a previous conviction authorised by this section shall be
in addition to any other method authorised by law for proving such conviction.

(1) The wrongful
admission of evidence shall not of itself be a ground for the reversal of
any decision in any case where it shall appear to the court on appeal that
the evidence so admitted cannot reasonably be held to have affected the
decision and that such decision would have been the same if such evidence
had not been admitted.

(2)

The wrongful exclusion of evidence shall not of itself be a ground for the
reversal of any decision in any case if it shall appear to the court on
appeal that had the evidence so excluded been admitted it may reasonably be
held that the decision would have been the same.

(3)

In this section the term decision includes a judgement, order, finding or
verdict.

Service
and Execution throughout Nigeria
of Process to Compel the attendance of Witnesses before Courts of the States
and the Federal Capital Territory, Abuja and The Federal High Court.

228.
In this Part

"court"
means a High Court or a magistrate's court.

229.

(1) When a
subpoena or summons has been issued by any court in any State or in the
Federal Capital Territory, Abuja or by the Federal High Court in the
exercise of its civil jurisdiction in accordance with any power conferred by
law requiring any person to appeal and give evidence or produce books or
documents in any proceeding, such subpoena or summons may upon proof that
the testimony of such person or the production of such books or documents is
necessary in the interests of justice by leave of such court on such terms
as the court may impose be served on such person in any other State or
Federal Capital Territory., Abuja.

(2)

If a person upon whom a subpoena or summons has been served in accordance
with subsection (1) fails to attend at the time and place mentioned in such
subpoena or summons such court may on proof that the subpoena or summons was
duly served on such person and that the sum prescribed by law was tendered
to him for his expenses issue such warrant for the apprehension of such
person as such court might have issued if the subpoena or summons had been
served in the State or Federal Capital Territory, Abuja in which it was
issued.

(3)

Such warrant may be executed in such other State or the Federal Capital
Territory, Abuja in the manner provided in Chapter 12 of the Criminal
Procedure Act in the case of warrants issued for the apprehension of persons
charged with an offence.

230.

(1) Where it
appears to any court of a State or Federal Capital Territory, Abuja that the
attendance before the court of a person who is undergoing sentence in any
State or Federal Capital Territory, Abuja is necessary for the purpose of
obtaining evidence in any proceeding before the court, the court may issue
an order directed to the superintendent or officer in charge of the prison
or place where the person is undergoing sentence requiring him to produce
the person at the time and place specified in the order.

(2)

Any order made under this section may be served upon the superintendent or
officer to whom it is directed in whatever State or the Federal Capital
Territory, Abuja, he may be and he shall thereupon produce in such custody
as he thinks fit the person referred to in the order at the time and place
specified therein.

(3)

The court before which any person is produced in accordance with an order
issued under this section may make such order as to the costs of compliance
with this order as to the court may seem just.